(a) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purpose of these Subdivision Regulations may be served to a greater extent by an alternative proposal, it may approve variances to these Subdivision Regulations sot that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these Regulations; and further provided the Commission shall not approve variances unless it shall make written findings based upon the evidence presented to it that all of the following conditions are met:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property.
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
(4) The variance will comply fully with the existing Zoning Ordinance, and no parcel of land shall be created, either by inclusion within or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing Zoning Ordinance.
(b) Conditions. In approving variances, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these Subdivision Regulations.
(c) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 89-11. Passed 8-21-89.)