A. Purpose: The purpose of a variation is to relieve a particular hardship or practical difficulty that the regulations of this title may impose upon a property owner because of special or peculiar characteristics of the property that make compliance with this title difficult or impossible.
B. Standards: The Board of Appeals may recommend the approval only of the specific types of variations listed in subsection C of this section, and only when the Board of Appeals shall have made written findings of fact, based upon the evidence presented to it in each specific case, that the following standards are satisfied:
1. The property owner would suffer a demonstrable particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations of this title were carried out.
2. The requested variation is in harmony with the general purpose and intent of this title.
The Board of Appeals shall not find that the above standards have been satisfied unless it shall find that all of the following facts have been established by the evidence:
a. The requested variation will not be materially detrimental to the use, enjoyment or property values of adjoining or nearby properties; (Ord. 06-2-5, 2-21-2006)
b. The requested variation will not be materially detrimental to the public welfare, including the ecology of the Village, which is to be protected pursuant to the Village's Comprehensive Plan, the Riverwoods tree and woodland protection ordinance; (Ord. 06-2-5, 2-21-2006; amd. Ord. 18-03-05, 3-6-2018)
c. The plight of the property owner is due to conditions peculiar to the property arising from its particular physical surroundings, shape, woodlands, tree coverage, wetlands or other topographical conditions; (Ord. 06-2-5, 2-21-2006)
d. In the absence of the variation, the owner's removal or overcoming of the conditions peculiar to the property which impose the particular hardship or practical difficulty, if such action were possible, would be detrimental to promoting the goals set forth in the Village's Comprehensive Plan and the purposes of the Riverwoods tree and woodland protection ordinance; (Ord. 06-2-5, 2-21-2006; amd. Ord. 18-03-05, 3-6-2018)
e. The conditions upon which the specific petition for variation is based would not be applicable generally to other property within the same zoning district;
f. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and
g. The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property.
C. Authorized Variations: The Village Board shall have the authority to grant a variation only of the following regulations of this title:
1. The yard and setback requirements of any district.
2. The use of a lot in a residential district for a single-family dwelling that otherwise would be prohibited solely because of the insufficient area of the lot. (Ord. 06-2-5, 2-21-2006)