(A) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest served; provided that, such variances shall not have the effect of nullifying the intent and purpose of these regulations. The 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 nearby property;
(2) The conditions upon which the request for a 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 were carried out; and
(4) The variance will not in any manner contravene the provisions of the town’s Zoning Ordinance, Comprehensive Plan or Official Map as interpreted by the Commission.
(B) Conditions. In approving variances, the Commission may require such conditions as will, in its judgment, serve the purposes of these regulations.
(C) Procedures. A petition for any such variance shall be submitted in writing by the applicant at the time when the primary plat is filed for consideration by the Commission. The petition shall state fully the specific grounds for the variance and all the facts relied upon by the petitioner.
(2004 Code, § 4-112)