(A) The Commission may approve a Variance from the requirements of this chapter only upon a determination in writing that:
(1) The Variance will not be injurious to the public health, safety, and general welfare;
(2) The use and value of the area adjacent to the property to be subdivided will not be affected in a substantially adverse manner;
(3) The need for the Variance arises from some condition peculiar to the property involved; and
(4) Because of the particular physical surroundings, shape, or topographical conditions of the subject property involved, an undue hardship to the owner would result, as distinguished from a mere inconvenience, if the strict application of these regulations are enforced.
(B) The Commission shall make an affirmative finding on each of the factors described in § 156.21(A) in order to approve a Variance request.
(C) The Commission may impose reasonable conditions as a part of its approval.
(D) The approval or disapproval by the Commission of a Variance request is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
(E) The Commission does not have the authority to grant a variance from a requirement of the Zoning Ordinance.
(Ord. 14-C-00, passed 10-10-00)