(A) General. Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of §§ 153.097 because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed;
(2) Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity; and
(3) Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
(B) Monuments. The Village Engineer may waive the placing of monuments, required under Wis. Stats. §§ 236.15(1)(b) through 236.15(1)(d), for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to ensure the placing of such monuments within the required time limits established by the village.
(Prior Code, § 18.02)