10-7-3: VARIATIONS AND EXCEPTIONS:
   A.   Hardships: Where the Plan Commissions finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations or exceptions of the regulations so that substantial justice may be done and the public interest secured; provided, that such variation or exception shall not have the effect of nullifying the intent and purpose of this Title; and, further provided the Plan Commission shall not recommend variations 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:
      1.   Public Welfare Protected: The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to nearby properties;
      2.   Unique Conditions: 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.   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.
   B.   Conditions: In recommending variations and exceptions, the Plan Commission may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of this Title.
   C.   Procedure: A petition for any such variance shall be submitted in writing by the subdivider at the time the preliminary plan is filed for consideration by the Plan Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
   D.   Recommendations: Such variations and exceptions as may be recommended by the Plan Commission shall be forwarded to the Village Board in writing, substantially the recommended variations and/or exceptions. The Village Board may approve such variations 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.