A. General Requirements: Where the board finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations, provided that such variations or exceptions to the regulations shall not have the effect of nullifying the intent and purpose of this chapter, and further provided that the board shall not recommend variations or exceptions to the regulations of this chapter unless it shall make findings based upon evidence that:
1. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2. The conditions upon which the request for the variation is based are unique to the property for which the variation 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 the regulations was carried out.
4. Cost to the subdivider of strict or literal compliance with the regulations shall not be the sole reason for granting a variation or exception.
5. The granting of a variance shall not set a precedent which may be utilized by others or subdividers to seek variances from the provisions of this chapter.
B. Conditions: In recommending variations and exceptions, the board may require such conditions as will, in their judgment, secure substantially the objectives of the standards or requirements of this chapter.
C. Procedure For A Variation: A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the board. The petition shall fully detail the grounds for the application and all of the facts taken into consideration by the petitioner.
D. Recommendation And Approval: Such variations and exceptions shall be forwarded to the village board of trustees in writing, substantiating the variations and/or exceptions. The board of trustees may approve such variations or exceptions from the requirements of this chapter in specific cases as listed on the final plat, which in its opinion do not adversely affect the intent and purpose of this chapter. (Ord. 407, 2-13-2001)