(A) Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these regulations so that substantial justice may be done and the public interest secured; provided that, such variance shall not have the effect of nullifying the intent and purpose of these regulations; and, further provided that, the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property in the area where the variance is located;
(2) The conditions upon which the request for variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result (as distinguished from a mere inconvenience), if the strict letter of these regulations is carried out; and
(4) The variances will not in any manner conflict with or vary from, the provisions of Ch. 154 of this code of ordinances or Comprehensive Plan.
(B) In approving variances, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(2002 Code, § 153.013) (Ord. 230, passed 9-8-1986; Ord. 651, passed 10-26-2009)