The Town Engineer may grant a minor variance to the provisions of this subchapter when there exists an unnecessary hardship substantially limiting the preservation and enjoyment of property rights and resulting from a literal interpretation of this subchapter. This minor variance shall not be authorized unless it is found that:
(A) Special circumstances or conditions apply to this permit application; and
(B) Authorizing of the minor variance is necessary for the preservation and enjoyment of substantial property rights; and
(C) Authorizing of the minor variance will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general; and
(D) Granting of the minor variance will be in harmony with the intent and purposes sought to be attained by the provisions of this subchapter.
(Res. 1637, passed 2-28-02; Am. Ord. 782, passed 6-3-10)