The following Regulations shall govern the granting of variances:
Where the Planning Commission finds that an extraordinary and unnecessary hardship may result from strict compliance with these Subdivision Regulations due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these Subdivision Regulations or the desirable development of the neighborhood and community.
The Planning Commission may grant variances to these Subdivision Regulations as specified herein where unusual or exceptional factors or conditions require such modification provided that the following procedure is followed and sufficient information is submitted to be evaluated by the Planning Commission.
(a) Application Procedure.
(1) A notice of appeal requesting a variance from these Subdivision Regulations shall be made in writing by the Applicant or his/her authorized representative utilizing the application form contained in Appendix E. It must be submitted not less than twenty (20) days prior to a regularly scheduled Planning Commission Meeting. Each request for a variance shall be on a separate application form. The variance request application form shall be completed in its entirety and shall include the specific section from which a variance is being sought and the specific reason (s) for a variance. Staff may return an incomplete application form pertaining to a notice of an appeal for a variance to the Applicant and request additional information as required.
(2) The Applicant shall provide the following information with the variance application form.
A. The specific section of the Subdivision Regulations shall be cited from which a variance is requested.
B. Written justification for a variance shall address the following factors:
1. Whether the variance is substantial.
2. Whether the essential character of the neighborhood would be altered or whether adjoining properties would be adversely affected as a result of the variance.
3. Whether exceptional topographic or other physical conditions exist which are peculiar to the particular parcel of land.
4. Whether the peculiar conditions specified in subparagraph number 3 did or did not result from previous actions by the Applicant.
5. Whether the variance would adversely affect the delivery of governmental services.
6. Whether the Subdivision Regulation was in effect at the time of acquisition of the property by the applicant and whether the Applicant purchased the property with the knowledge of these Subdivision Regulations.
7. Whether the Applicant's predicament can be obviated through some method other than a variance.
8. Why the variance from the terms of these Subdivision Regulations will not be contrary to the public interest.
9. Describe the special conditions that will cause an unnecessary hardship result from a literal enforcement of these Subdivision Regulations.
10. Show how the spirit and intent behind these Subdivision Regulations will be observed if the variance is granted.
11. That the requested variance is the minimum variance to these Subdivision Regulations that will allow for a reasonable division of land.
(b) Other Conditions. In evaluating a variance request, the Planning Commission may consider the opinion of Township officials and require other conditions to be met to accomplish the purposes of these Subdivision Regulations in order to grant such variance without unduly affecting the public safety.
(1) Cul-de-sac Length. If the proposed variance involves the establishment of a cul-de-sac in excess of the maximum permitted length, the Planning Commission may also consider the number and size of lots served by the cul-de-sac and the availability of central water service to determine if the variance will permit appropriate development of the land without unduly affecting the public safety.
(2) Lot Width. If the proposed variance involves the creation of a lot whose depth exceeds four and one-half (4½) times its width, the Planning Commission may also consider the pattern of existing platting for similarly zoned land in the vicinity.
(3) County Council. The County Council may grant variances affecting required improvements upon recommendation of the Planning Commission. Such recommendations shall be based on the findings listed above in Section 1111.06.
(c) Expiration of Variance Approval. Any variance (s) granted by the Planning Commission from these Subdivision Regulations in conjunction with an approved Preliminary Plan runs with the Preliminary Plan Approval. Any such variance (s) shall expire when the approved Preliminary Plan expires.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16.)