A. Hardships: Where the plan commission/board of appeals finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend deviations or exceptions to the regulations so that substantial justice may be done and the public interest secured; provided, that such deviation or exception shall not have the effect of nullifying the intent and purpose of this title; and further provided, the plan commission/board of appeals shall not recommend deviations or exceptions to the regulations of this title unless it shall make findings based upon the evidence presented to it in each specific case that: (Ord. 99-O-791, 6-7-1999; amd. Ord. 05-O-942, 11-7-2005)
1. Public Welfare Protected: The granting of the deviation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2. Unique Conditions: The conditions upon which the request for a deviation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property.
3. Particular Physical Conditions: Because of the particular physical 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 the regulations were carried out. (Ord. 99-O-791, 6-7-1999)
B. Conditions: In recommending variations and exceptions, the plan commission/board of appeals may require such conditions as will, in its judgment secure substantially the objective of the standards or requirements of this title.
C. Procedure: A petition for any such deviation shall be submitted in writing by the subdivider at the time the preliminary plan is filed for consideration by the plan commission/board of appeals. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
D. Recommendations: Such deviations and exceptions as may be recommended by the plan commission/board of appeals shall be forwarded to the village board in writing, substantiating the recommended deviations and/or exceptions. The village board may approve such deviations or exceptions from the requirements of this title in specific cases as listed on the final plat, which in its opinion do not adversely affect the adopted comprehensive plan or the intent and purpose of this title. (Ord. 99-O-791, 6-7-1999; amd. Ord. 05-O-942, 11-7-2005)