(A) Generally.
(1) Any subdivider/developer desiring a variance from the requirements of this Development Code shall file a written application therefor with the village staff at the same time that he or she files his or her preliminary plat.
(2) The application shall fully explain the grounds for the variance request, and specify the section(s) of this Code which, if strictly applied, would cause great practical difficulties or hardship.
(3) The village staff shall prepare an advisory report on every variance application and submit it, together with the completed application, to the Village Planning Commission.
(B) Review By the Village Planning Commission. The Village Planning Commission shall review the variance application and the village staff’s comments, and submit its recommendation to the Village Board of Trustees together with recommendations on preliminary plat approval. The Village Planning Commission’s recommendation shall be responsive to all the variance standards as set forth in division (C) below.
(C) Action By Board of Trustees, variance standards. At its next regularly scheduled Board meeting (not the committee at large meeting) following receipt of the Village Planning Commission recommendation, the Village Board of Trustees shall decide by ordinance whether to grant or deny the requested subdivision variance. A copy of the decision, clearly stating reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats. The Village Board of Trustees shall not grant any subdivision variance unless, based upon the information presented, it determines that:
(1) The proposed variance is consistent with the general purposes of the Development Code;
(2) Strict application of the subdivision design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;
(3) The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship;
(4) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(5) The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be more appropriate remedy than an amendment;
(6) The variance, if granted, will not substantially impair implementation of the village's Development Code including the Official Map; and
(7) The proposed variance is not based upon complaint of lack of reasonable return or hardship because applicant paid more for property than it was worth basing the purchase price upon anticipation of obtaining a variance or hardship because applicant failed to exercise due diligence in researching the limitations of the site.
(Am. Ord. 2020-03-02A, passed 3-2-2020)
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