(a) Hardships and Findings of Fact.
(1) Criteria. Where the Planning and Zoning Commission finds that extraordinary hardships may result from strict compliance with this Subdivision Ordinance and/or the purposes of this Subdivision Ordinance may be served to a greater extent by an alternative proposal, it may approve variances to this Subdivision Ordinance so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying any intent or purpose of this Subdivision Ordinance; and further provided the Planning and Zoning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
A. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
B. 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;
C. 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 this Subdivision Ordinance are carried out;
D. Variances contrary to other applicable guidelines and ordinances shall not be granted.
(2) Conditions. In approving variances, the Planning and Zoning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Subdivision Ordinance. (Ord. 06-08. Passed 2-25-08.)