§ 94.28  VARIANCE; PETITION.
   (A)   The Town Council shall consider the following criteria in granting a variance from this petition:
      (1)   The approval of the variance will not be injurious to the public health, safety and general welfare of the community and/or adjoining property owners;
      (2)   The quiet use and enjoyment of the area adjacent to the property included within the variance will not be affected in a substantially adverse manner; and
      (3)   The strict application of the terms of this subchapter will result in practical difficulties in the use of the subject property.
   (B)   The Town Council may grant the petition unconditionally, deny the petition or grant the petition subject to conditions.
   (C)   In addition, the variance may be granted in the sole discretion of the Town Council for one or more occasions and/or a stipulated period of time.
   (D)   The Town Council may require the owner of the property to make written commitments concerning burning of materials, a copy of the commitments shall be kept on file in the offices of the town by the Town Manager.
(Ord. 111307E, passed 12-11-2007)