A. Requirements: When the Plan Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations; provided, that such variations or exceptions shall not have the effect of nullifying the intent and purposes of the Subdivision Regulations. The Plan Commission shall not recommend variations or exceptions to the regulations unless it reviews evidence and makes findings based upon the evidence presented by each specific case that all of the following provisions have been carefully considered and satisfied:
1. Extraordinary Hardship: An extraordinary hardship to the owner would result because of the physical surroundings, shape or topographical conditions of the specific property if the strict letter of the regulations were carried out. Mere inconvenience is not sufficient grounds for granting a variation or exception.
2. Unique: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property.
3. Purpose Not Monetary: The purpose of the variation is not based exclusively or primarily upon a desire to make more money from the property.
4. Neighboring Property: The granting of the variation will not be detrimental to the public health, safety, general welfare or injurious to other property or improvements in the neighborhood in which the property is located.
5. Act Of Applicant Subsequent To Enactment: The special circumstances or conditions have not resulted from any act of the applicant subsequent to the effective dates of the Ordinances codified in these Subdivision Regulations.
6. Minimum Adjustment: The variation granted is the minimum adjustment necessary for the reasonable use of the land.
7. Deprivation Of Beneficial Use: The circumstances or conditions are such that the strict application of the provisions of these Subdivision Regulations would deprive the applicant of any reasonable use of the land. Mere loss in value shall not justify a variation; there must be deprivation of beneficial use of land.
B. Report Of Plan Commission: The Plan Commission shall submit a report to the Board of Trustees regarding the basis and justification for variations granted.
C. Recommendation Of Plan Commission: In accordance with the provisions and standards of this Section, the Plan Commission shall recommend and the Board of Trustees shall either grant, grant subject to conditions or deny requests for variations from strict compliance with the provisions of these regulations. (Ord. 89-O-6, 2-7-1989)