(A) Any subdivider/developer desiring a variance from the requirements of this code shall file a written application therefore with the Planning Commission and Administrator at the same time that he files his or her preliminary plat. The application shall fully explain the grounds for the variance request, and specify the section(s) of this code which, if strictly applied, would cause great practical difficulties or hardship. The Administrator shall prepare a written advisory report on every variance application and submit it, together with the completed application, to the Plan Commission.
(`92 Code, § 34-6-2)
(B) (1) The Planning Commission shall review the variance application and the Administrator’s comments, perform on-site review when appropriate and submit their advisory report to the Board of Trustees together with their recommendation on preliminary plat approval. The Planning Commission’s advisory report shall be responsive to all the variances standards set forth in division (C) below.
(2) A copy of the Committee’s decision, clearly stating their reasons therefore and exact terms of any variance granted, shall be attached to the preliminary and final plats.
(`92 Code, § 34-6-2.1)
(C) At the same meeting at which they take action on the application for preliminary plat approval, the Board of Trustees shall decide by resolution whether to grant or deny the requested subdivision/development variance. A copy of their decision, clearly stating their reasons therefore and the exact terms of any variance granted, shall be attached to both the preliminary and final plats. The Board of Trustees shall not grant any subdivision/development variance unless, based upon the information presented to them, they determine that:
(1) The proposed variance is consistent with the general purposes of this code;
(2) Strict application of the subdivision/development requirements would result in great practical difficulties or hardship to the applicant;
(3) The proposed variance is the minimum deviation from the subdivision/development requirements that will alleviate the difficulties/hardship;
(4) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(5) The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than a code amendment; and
(6) The variance, if granted, will not materially frustrate implementation of the municipal comprehensive plan including the official map.
(`92 Code, § 34-6-2.2)