In keeping with the purpose of these regulations to accomplish coordinated, balanced, and harmonious development in a manner which will best promote the health, safety, and general welfare while avoiding undue and unnecessary hardships, the Village Planner is authorized to approve certain requests for deviation from dimensional standards.
(A) Required Application Information: General Concept Plan (Appendix C
) (may be modified by Village Planner as appropriate) and any other relevant information to demonstrate undue and unnecessary hardship.
(B) Conditions for Modification of Setbacks: Requests for deviation from required setbacks set forth in this ordinance by up to ten percent (10%) of the required setbacks or twenty-four (24) inches, whichever is less, may be considered upon determination that one (1) or more of the following conditions exists:
(1) There are site or structural conditions that preclude strict adherence to the setback requirements, such as, but not limited to: the lot does not meet the dimensional standards established for the zoning district in which it is located; the lot has topographic limitations that require placement of the structure into the required setback area; or the structure is physically in line with an existing, legally established wall or walls of a principal structure already within the minimum setback area.
(2) Any part of the proposed structure that would encroach into the minimum setback area is less than fifty percent (50%) of the width of the affected building facade(s).
(3) The part of the proposed structure that encroaches into the minimum setback area is necessitated by a life-safety code, flood hazard reduction, Americans with Disabilities Act standard, or other public safety code requirements.
(4) The proposed structure will allow the preservation of significant existing vegetation.
(5) A good faith error was made in the location of a building foundation not exceeding one (1) foot due to either field construction or survey error.
(C) Limitation on Administrative Discretion: The Village Planner has no discretion to modify any requirements found in PDO Chapter 8 Supplemental Requirements.
(D) All Decisions to be in Writing: Prior to rendering a decision, the Village Planner shall notify the Village Manager in writing of any minor deviation for approval.
(E) Administrative Authority is Permissive Only: The authority given to the Village Planner to grant such modification shall be construed to be permissive and not mandatory and the Village Planner may decline to make such modification. Nothing in this section shall be construed as limiting the Village Planner's duties and rights under this chapter, or an applicant's right to appeal the decision of the Village Planner to the Board of Adjustment.
(F) Public Notification: None required
(G) Appeals: In the event that the Village Planner declines to make a modification to the dimensional standards, the applicant shall have the right to submit an application to the Board of Adjustment to grant a variance to these requirements or to submit an application to appeal the Village Planner's ruling in accordance with Chapter 5.
(Ord. 14-35, passed 09-24-2014)