(A) The Commission may authorize and approve modifications from the requirements and standards of these regulations (including the waiver of standards or regulations) upon finding that:
(1) Practical difficulties have been demonstrated;
(2) The requested modifications would not, in anyway, contravene the purpose and intent of the Comprehensive Plan, the Zoning Ordinance, the Official Zoning Map of the city, or the Subdivision Control Ordinance;
(3) Granting the modifications would not be detrimental to the public safety, health, or welfare and would not adversely affect the delivery of governmental services (eg., water, sewer, fire protection, etc.);
(4) Granting the modifications would neither substantially alter the essential character of the neighborhood nor result in substantial injury to other nearby properties;
(5) The conditions of the parcel that give rise to the practical difficulties are unique to the parcel and are not applicable generally to other nearby properties;
(6) The requested modifications represent the minimum modifications necessary to meet the intent of the regulations;
(7) The practical difficulties were not created by the petitioner, developer, owner, or subdivider; and
(8) The practical difficulties cannot be overcome through reasonable design alternatives.
(B) In approving modifications, the Commission may impose such conditions, as will, in its judgment, substantially secure the objectives of these regulations.
(C) With respect to each requested modification and imposed condition, the Commission shall prepare and approve written findings of fact. Such findings shall address each of the conclusory findings set forth in division (A) above and shall cite the specific facts that support each of the conclusory findings and that support each of the imposed conditions.
(D) Applications for modifications shall be submitted to the Commission, in writing, as a part of the primary plat application. On the application, the petitioner shall describe the requested modifications and shall submit proposed findings of fact in support of each requested modification. The petitioner shall bear the burden of establishing a sufficient factual basis for each requested modification.
(E) The Commission's decision to grant or deny a modification or to impose a condition is discretionary.
(Ord. 2002-4, passed 3-4-02)