When the subdivider can show that a provision of Chapter 2 or Chapter 3 of this Title would cause unnecessary hardship if strictly adhered to, and when, because of topographical or other conditions peculiar to the site or surrounding conditions, the Plan Commission finds that a deviation may be permitted without compromising the quality of the subdivision or the efficacy of the subdivision standards, the Village Board may approve a deviation. A petition for any such deviation shall be submitted to the Plan Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner. The Plan Commission shall include its findings and the specific reasons therefor in its report and recommendation to the Village Board. The Village Board may grant deviations whenever it determines that all the following conditions have been met:
A. The granting of the deviation 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;
B. The deviation is the least deviation from this Title which will mitigate the hardship or practical difficulty;
C. The deviation will not in any manner vary the provisions of Title 10 of this Code. (Ord. 96-445, 7-2-1996)