The Village may grant a variance when it is consistent with the general purpose and intent of this chapter and when the development meets the requirements as specified in all of the following conditions:
A. Granting the variance shall not alter the essential character of the area involved, including existing stream uses;
B. Failure to grant the variance would create an exceptional hardship on the applicant (economic hardship of the applicant alone shall not constitute exceptional hardship);
C. The relief requested is the minimum necessary and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development;
D. The applicant's circumstances are unique and do not represent a general condition or problem;
E. The applicant's circumstances are not self-imposed; and
F. Granting the variance shall not result in any of the following:
1. Additional threats to public safety;
2. Extraordinary public expense;
3. Nuisances, fraud, or victimization of the public, or;
4. Conflict with existing laws or ordinances.
To the extent a permit is denied pursuant to this chapter, the applicant may, no later than thirty days from the date of said denial, appeal the decision to the Corporate Authorities. The appeal shall state with particularity the following:
A. The name of the party requesting the appeal and its interest in the appeal;
B. The common address of the subject property;
C. A statement setting forth the reasons for the appeal; and
D. The specific relief being sought.
The appeal shall be heard at the earliest available scheduled meeting of the Corporate Authorities. In reviewing the permit denial, the Corporate Authorities shall consider all written documentation submitted by the applicant in conjunction with the request for a permit. (Ord. 3745, 5-13-2019)