§ 151.369 TERMS OF RELIEF; FINDING OF FACT.
   (A)   The Village Board of Trustees shall render a decision on every variance request within a reasonable time after receipt of the Planning Commissions’ recommendation. This is not meant to imply the next scheduled committee at large meeting or Village Board Meeting after the Planning Commission recommendation is submitted.
   (B)   The Village Board of Trustees shall not grant any 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 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 a 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 limitation of the site.
(Am. Ord. 2020-03-02A, passed 3-2-2020)