(A) Any subdivider/developer desiring a variance from the requirements of this chapter shall file a written application therefor with the Zoning Administrator at the same time that he or she files his or her preliminary plat.
(B) The application shall fully explain the grounds for the variance request, and specify the section(s) of this chapter which, if strictly applied, would cause great practical difficulties or hardship.
(C) The Administrator shall prepare an advisory report on variance application and submit it, together with the completed application to the Plan Commission.
(1) Review by Plan Commission. The Plan Commission shall review the variance application and the Administrator's comments, and submit their advisory report to the Village Board, together with their recommendation on preliminary plat approval. The Plan Commission's advisory report shall be responsive to all the variances standards set forth in division (C)(2) below.
(2) Action by City Council; variance standards.
(a) At the same meeting at which they take action on the application for preliminary plat approval, the Village Board shall decide by resolution whether to grant or deny the requested subdivision variance.
(b) A copy of their decision, clearly stating their reasons therefor and the act terms of any variance granted shall be attached to both the preliminary and final plats.
(c) The Village Board shall not grant any subdivision variance unless, based upon the information presented to them, they determine that:
1. The proposed variance is consistent with the general purposes of this chapter;
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 subdivision requirements that will alleviate the difficulties/hardships;
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; and
6. The variance, if granted, will not substantially impair implementation of the village community plan, including the official map.
(1994 Code, § 34-5-2)