A. 1. If the McHenry County Division of Transportation has denied a permit request or assigned conditions to the permit that the applicant disagrees with, the applicant can then make a written appeal request to the County Engineer for a variance. The County Engineer shall review and may approve variations to the requirements of this Ordinance so that substantial justice may be done and the public interest subserved thereby, provided that such variations shall not have the effect of nullifying the intent and purpose of this Ordinance.
2. The owner must clearly prove that the variation will not be contrary to the public interest and other objectives of this Ordinance and shall prove that a practical difficulty or extraordinary hardship will result if the variance is not granted. In particular, the owner shall establish and substantiate that the variation conforms to the requirements and standards as set forth in § 10.12.460E. of this Ordinance.
B. Variation Request Format. A petition for any variation from the requirements of this Ordinance shall be made in writing to the County Engineer and any required fees for processing of the variance paid for in advance. The request shall identify the specific requirement of the Ordinance that the petitioner is requesting a variance from along with all supporting documentation.
C. Supporting Documentation and Studies.
1. The County Engineer may require that additional documentation, data, engineering studies, traffic studies, or other information be submitted in order to provide for a complete and thorough review of a variance request.
2. It is the owner’s responsibility to develop and provide said additional documentation. The cost of said documentation, data, and studies shall be the sole responsibility of the owner and no reimbursement of said costs will be made if the applicant’s variance request is approved or denied.
D. Standards for Variation. A variation, in the strict application of the provisions of this Ordinance, shall not be granted unless it is found that all of the following relevant requirements and conditions are satisfied. The County Engineer may grant variations whenever it is determined that all of the following have been met:
1. The granting of a variation shall be in harmony with the general purpose and intent of the regulations imposed by this Ordinance and shall not result in undue delay or congestion, shall not be detrimental to the safety of the motoring public using the County Highway, and shall not limit the ability of the McHenry County Division of Transportation to maintain or otherwise improve a County Highway.
2. There must be proof of unique or existing special circumstances or conditions where the strict application of the provisions of this Ordinance would deprive the owner of reasonable access. Circumstances that would allow reasonable access by a road or street other than a County Highway, circumstances where indirect or restricted access can be obtained, or circumstances where engineering or construction solutions can be applied to mitigate the condition shall not be considered unique or special.
3. There must be proof of practical difficulty or unnecessary hardship. It is not sufficient to show that greater profit or economic gain would result if the variation would be granted. Furthermore, the hardship or difficulty cannot be self-created or self-imposed; nor can it be established on this basis by the owner who purchases with or without knowledge of the provisions of this Ordinance. The difficulty or hardship must result from the strict application of this Ordinance and it must be suffered directly and solely by the owner.
4. The variation is the least deviation from the requirements of this Ordinance that will mitigate the hardship or practical difficulty.
E. Action by the County Engineer. Upon receipt of the required variance application forms, supporting documentation, data, studies and other requested information, and upon payment of all related variance fees, the County Engineer shall review the variance request and render a decision fn writing to the developer by certified mail within thirty (30) calendar days. The County Engineer may stipulate conditions or impose requirements as a condition of granting a variance from the provisions of this Ordinance.
(Ord. O-200811-82-068, passed 11-6-2008)