(A) The Township Board may, on written application from the subdivider and after receipt of a recommendation from the Planning Commission, grant a variance from the provisions or requirements of this chapter which are under the Board’s control. A public hearing shall be held by the Planning Commission prior to making its recommendation to the Township Board. Notice of this hearing shall be given in the same manner as is provided in the Township Rural Zoning Act, Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended, with respect to the adoption or amendment of a township zoning ordinance. No variance shall be recommended by the Planning Commission or granted by the Township Board, unless there is a finding:
(1) There are such special circumstances or conditions affecting the property in question such that strict application of the provisions or requirements of this chapter would clearly be impracticable or unreasonable;
(2) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the areas in which the subdivision is situated;
(3) The variance will not violate the provisions of the Michigan Land Division Act, Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended; and
(4) The variance will not have the effect of nullifying the interest and purpose of this chapter and the Master Plan.
(B) After the completion of the public hearing, the Planning Commission shall make a written recommendation to the Township Board which shall include its findings and specific reasons for its recommendation. On receipt of such written recommendation, the Township Board shall act to either grant or deny the variance.
(Prior Code, Ch. XXXIII, § 6.1) (Ord. 2-2004, passed 8-9-2004)