(A) At the same meeting at which they take action on the application for preliminary plat approval (see § 154.038), the Village Board shall decide by resolution whether to grant or deny the requested subdivision variance. A copy of its decision, clearly stating its reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats.
(B) The Village Board shall not grant any subdivision variance unless, based upon the information presented to them, it determines that:
(1) The proposed variance is consistent with the general purposes of this chapter (see § 154.001);
(2) Strict application of the subdivision requirements (see §§ 154.160, 154.161, 154.175 through 154.177, 154.190 through 154.198, 154.210 through 154.212, 154.225 through 154.227, 154.240, 154.241, 154.255, 154.256, 154.270, 154.285 through 154.288, 154.300, 154.301, 154.315 through 154.317, 154.330, 154.331, 154.345 through 154.351, 154.365 through 154.368, 154.380, 154.381 and 154.395 through 154.397) would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;
(3) The proposed variance is the minimum deviation from the subdivision 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 creating 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.
(1999 Code, § 34-4-4)