1111.41 VARIANCES.
   The Planning Commission as established by Charter of the Village shall hear requests for variances under these Subdivision Regulations.
      In recommending a variance, the Planning Commission may attach conditions as it may deem necessary to assure compliance with the objectives of the Subdivision Regulations and the Planning and Zoning Code. The Commission may recommend a variance during preliminary plan review under the authority of the following rules, to protect the general purposes of the Subdivision Regulations and the Planning and Zoning Code so the public health, safety and general welfare of the residents of the Village may be secured and substantial justice done:
   (a)   The Planning Commission shall make its recommendation on applicant's request for variance to Village Council for consideration at Council's next regularly scheduled meeting.
After reviewing the Planning Commission's recommendation, Council may confirm, amend, or reverse the decision.
   (b)   The following factors shall be considered and weighed by the Commission when determining to recommend the granting of a variance to these Subdivision Regulations:
      (1)   Whether the unusual shape, exceptional topographic/environmental conditions, geological problems, or other similar extraordinary situations or conditions in connection with a specific piece of property, when considering the literal enforcement of these Regulations, create considerable difficulties or result in an undesirable plat;
      (2)   Whether the granting of the variance results in better lot design than strict adherence to these Regulations. Better lot design is defined as meaning such items as larger in area, more practical site design because of topography, wetland or other environmental constraints, or the lot design will result in lots nearer to conformance to required standards.
      (3)   Whether the granting of the variance will not be unduly detrimental to the public welfare nor injurious to the property or improvements in the vicinity in which the subject property is located.
      (4)   Whether the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.
   (c)   Once a variance application has been denied, Council need not reconsider the same or a substantially similar application involving the same property unless the underlying conditions have substantially changed or substantial new evidence is submitted, as determined by the Building Inspector.
   (d)   If the construction described in any variance is not begun within six (6) months from the date the variance is approved by Council or has not been completed within two (2) years from the date of approval thereof, the variance shall expire.
      (Ord. 2012-21. Passed 7-11-12.)