(A) Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, the Commission may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variances shall not have the effect of nullifying the intent and purpose of these regulations, and further provided the Commission shall not approve variances unless it makes findings based upon the evidence presented to it in each specific case as follows:
(1) Granting of the variance will not be detrimental to the public health, safety 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 surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of these regulations are carried out. Financial hardship does not constitute grounds for a variance.
(4) The variance shall not in any manner vary the provisions of the Zoning Ordinance or Flood Control Ordinance.
(B) A petition for any variance shall be submitted in writing by the subdivider at the time when the sketch plat is filed for the consideration of the staff. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(C) It is not within the jurisdiction of the Board of Zoning Appeals to grant variances to these regulations.
(Prior Code, § 158.76) (Ord. 4829, passed 6-27-1983)