A. Where in the case of a particular proposed subdivision it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, or other nonself-inflicted condition, or that these requirements would result in inhibiting the achievement of the objectives of this chapter, the commission may recommend to the governing body to vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided that such variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter or any utility regulations or other requirements of the village or interfere with carrying out the comprehensive plan.
B. Application for any variance or modification shall be submitted in writing by the subdivider at the time the preliminary plat is filed and shall state fully the grounds for the application and the facts relied upon by the subdivider. The commission shall give its written recommendation thereon at the time of its approval or disapproval of said preliminary plat.
C. In no case shall any variation or modification be contrary to the mandatory requirements of state law, nor be more than a minimum easing of the requirements.
D. In granting variances and modifications, the commission may recommend such conditions as will, in its judgment, secure substantially the objective of the requirements so varied or modified. In all cases the decision of the governing body shall be final. (Ord. 319 § 10, 2003)