(A) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations. Such variances shall not have the effect of nullifying the intent and purpose of these regulations. The Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other nearby property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) 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 these regulations are carried out; and
(4) The variance will not in any manner contradict the provisions of the Zoning Ordinance, Comprehensive Plan, or Official Map as interpreted by the Commission and the jurisdictional engineer;
(B) Conditions. In approving variances, the Commission may require such conditions as will secure the objectives of the standards or requirements of these regulations.
(C) Procedures. An approved petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat application is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(D) Modifications. Variance modifications must be submitted in writing to the Commission. These modifications shall be referred immediately to the appropriate participating jurisdiction for their approval or rejection. If such participating jurisdiction approves of such modifications in writing, or fails to either approve or disapprove within 30 days after the same has been referred to them, the Commission may modify such requirements, standards and specifications so as to promote the public health, safety, and welfare, and prevent detriment to the use and value of said land. However, nothing herein shall be construed as altering or conflicting with the powers and duties of the Board of Zoning Appeals pursuant to I.C. 36-7-4-900, as amended. No authority to modify shall exist in the Commission if the appropriate participating jurisdiction by writing disapproves such modification.
(Ord. passed - -)