§ 92.077 SUBDIVISION VARIANCES.

   (A)   Generally. Any subdivider desiring a variance from the requirements of these regulations shall file a written application therefor with the Administrator at the same time that he or she files his or her preliminary plat. The application shall specify the variance requested, fully explain the grounds therefor, and state the section hereof which, if strictly applied, would cause great practical difficulties or hardship. If the Land Use Committee denies a requested variance, the subdivider has the right to seek variance from the full County Board; but as indicated in division (C) of this section, the full County Board shall observe the same standards as the Land Use Committee in deciding whether to grant or deny a variance. The Administrator shall promptly forward the variance application to the Land Use Committee for review.

   (B)   Review by Committee. The Committee shall review the variance application concurrently with the preliminary plat, and at the same meeting at which they take action on the preliminary plat, they shall decide on the basis of the standards set forth in division (C) below whether to grant, with or without modifications, or to deny the requested variance. A copy of the Committee’s decision, clearly stating their reasons therefor and exact terms of any variance granted, shall be attached to the preliminary and final plats. If the Committee denies a requested variance, the subdivider has the right to seek variance from the full County Board, but as indicated in division (B) below, the full County Board shall observe the same standards as the Committee in deciding whether to grant or deny a variance.

   (C)   Standards for variances. The Committee or the County Board shall not grant any subdivision variance unless, considering the conditions to be attached to the variance, if any, they determine that:

      (1)   The proposed variance is consistent with the general purposes of these regulations;

      (2)   Strict application of the requirements in §§ 92.020 through 92.034 or elsewhere would result in great practical difficulties or hardship to the applicant, not merely in added expense or inconvenience;

      (3)   The proposed variance is the minimum deviation from the requirements that will alleviate the difficulty or hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making; and

      (5)   The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, a variance would be a more appropriate remedy than an amendment.

(1993 Code, § 92.77) (Ord. passed 10-17-1956; Ord. passed 10-18-1978; Ord. 2002-14, passed - -2002) Penalty, see § 92.999