1222.04  VARIANCES.
   (a)   Generally.  The Planning Commission may recommend to Council a variance from these Subdivision Regulations on a finding that undue hardship may result from strict compliance with a specific provision or requirement of these Subdivision Regulations or that the application of such provision or requirement is impractical.  The Commission shall only recommend variances that it deems necessary to or desirable for the public interest.  In making its findings, as required in this section, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.  No variance shall be recommended unless the Commission finds, after a public hearing, the following:
      (1)   That there are such special circumstances or conditions affecting the property that the strict application of these Subdivision Regulations would clearly be impractical or unreasonable.  In such a case, the proprietor shall first state his or her reasons in writing as to the specific provision or requirement involved and submit them to the Commission.
      (2)   That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property in question is situated;
      (3)   That such variance will not violate the provisions of the State Subdivision Control Act, Act 288 of the Public Acts of 1967, as amended;
      (4)   That such variance will not have the effect of nullifying the intent and purpose of these Subdivision Regulations and the Master Plan.
   The Commission shall include its findings and the specific reasons therefor in its report of recommendations to Council and shall also record its reasons and actions in its minutes.
   (b)   Topographical/Physical Limitation Variances. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with these Subdivision Regulations would result in extraordinary hardship to the proprietor because of unusual topography, other physical conditions or such other conditions which are not self-inflicted or that these conditions would result in inhibiting the achievement of the objectives of these Subdivision Regulations, the Planning Commission may recommend to Council that a variance, modification or waiver of these Subdivision Regulations be granted.
   (c)   Planned Unit Development Variances.  The developer may request a variance from specified portions of these Subdivision Regulations in the case of a planned unit development.  If in the judgment of the Planning Commission such a plan provides adequate public space and includes provisions for efficient circulation, light and air and other needs, it shall make findings, as required in this subsection.  The Commission shall take into account the nature of the proposed use of land and existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Commission shall report to Council regarding whether or not:
      (1)   The proposed project will constitute a desirable and stable community development; and
      (2)   The proposed project will be in harmony with adjacent areas.
   (d)   Variances from Required Public Improvements or Utilities.  The Planning Commission may recommend to Council that waivers be granted for the installation of a public sanitary sewer system, a public water system or both, when in its best judgment such an installation is impractical.  However, the average width of a lot in the proposed subdivision, as measured at the street frontage line or the building set-back line, shall be more than 150 feet, and the average area of a parcel or lot resulting from the subdivision of land exceeds one acre.  The Commission may also recommend that waivers be granted for the installation of gas mains and/or service connections, stubs, communications or electrical conduits, when in its best judgment such an installation is impractical.
   (e)   Applications.
      (1)   Required improvement and topographical variances.  An application for a required improvement or topographical variance shall be submitted in writing by the proprietor when the preliminary plat is filed for the consideration of the Planning Commission.  The petition for variance shall state fully the grounds for the application and all the facts relied upon by the proprietor.
      (2)   Planned unit development variances.  An application for a planned unit development variance shall be made in writing by the proprietor at the time when the preliminary plat is filed for the consideration of the Commission, stating fully and clearly all facts relied upon by the proprietor, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project.  The plans for such development shall include such covenants, restrictions, subdivision plats or other legal provisions necessary to guarantee the full achievement of the plan.
   (f)   Public Hearings.  Prior to making a recommendation to Council on an application for a variance from these Subdivision Regulations, the Planning Commission shall hold a public hearing. Notice of the public hearing shall be provided in the manner specified in Section 1224.02(b)(3). (Ord. 421. Passed 6-1-82.)