(A) Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter or that the purposes of this chapter may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variance shall not have the effect of nullifying the intent and purpose of this chapter, and further provided that the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner, as distinguished from a mere inconvenience, would result if the strict letter of this chapter is carried out;
(4) The variance will not in any manner vary the provisions of the zoning ordinance or the Comprehensive Plan as interpreted by the Commission or their agents; and
(5) Where the variance impacts on the design and construction of public facilities, all appropriate public agencies have been given ample time to comment in writing to the Commission; nothing herein shall be construed as altering or conflicting with the powers and duties of the Board of Zoning Appeals pursuant to I.C. 36-7-4-900, as currently amended. No authority to modify shall exist in the Commission if the appropriate participating jurisdiction disapproves of such modification by writing.
(B) In approving variances, the Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(C) A petition for any such variance shall be submitted in writing by the subdivider at the time when the sketch plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 2002-13, passed 9-3-2002)