(A) The Zoning, Planning and Appeals Commission shall not make a recommendation to the Village Board to vary the regulations of this Chapter, as authorized in this Article, unless it shall make findings of facts based upon the evidence presented to it in each specific case that:
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a practical difficulty or particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase financial gain;
(4) The alleged difficulty or hardship has not been created by any person presently having a proprietary interest in the property;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(7) The proposed variation is in harmony with the general purpose and intent of this Chapter.
(B) The Zoning, Planning and Appeals Commission may recommend such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this Section and the objectives of this Chapter.
(Ord. 05-2539, passed 10-11-05)