Where due to exceptional topographic or other physical conditions the Planning Commission finds that extraordinary and unnecessary hardship may result from strict application of these Regulations, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may waive conditions to these Subdivision Regulations provided that such waiver will not be detrimental to the public health, safety, or welfare or injurious to other properties. Such waivers shall not have the effect of nullifying the intent and purpose of these Regulations, any Comprehensive Plan, or Zoning Resolution, when they exist.
The hardship must be unique to the property for which the waiver is sought and not applicable to any other property. The hardship must result from the strict application of these Regulations as distinguished from one of inconvenience due to the owner’s error, poor judgment or when the only supporting evidence is that compliance would add to the development cost.
In granting waivers or modifications, the Planning Commission may require such conditions, in its judgement, to secure substantially the objective of the standards or requirements so waived or modified.
(Ord. 56-2005. Passed 10-3-05.)