All variances to this chapter shall be under the jurisdiction of the Washington Plan Commission.
(A) General. Where the Commission finds that extraordinary hardships peculiar to the site proposed for development or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justices may be done and the public interest secured, provided that the variances shall not have the effect of nullifying the intent and purpose of those regulations; and further provided the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare or injuries to other nearby property;
(2) The conditions upon which the request for a variance is based are unique to the property for which variance is sought and are not applicable to other or all property within or outside of a particular subdivision;
(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; and/or
(4) The variance will not in any manner contravene the provisions of the Zoning Ordinance of Comprehensive Plan, as interpreted by the Commission, the Plan Administrator, City Engineer, Surveyor or Health Officer.
(B) Conditions. In approving variances, the Commission may require conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(C) Procedures. A petition for any variance shall be submitted in writing on the appropriate form by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petitioner shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(D) Routine variances.
(1) The Washington Building Commissioner is granted the authority to routinely approve such variances as described herein without requiring the attendance of the requesting party before a meeting of the Board of Zoning Appeals.
(2) The discretion granted herein to the Building Commissioner shall apply in cases where there is no reasonable doubt the variance requested will align the new construction with existing structures on the same side of the street, however, it is the intent of the Common Council of the City of Washington, Indiana to direct that if any unusual issues or additional concerns present themselves to the Building Commissioner then he or she shall refer to the variance request to the Board of Zoning Appeals for a hearing at the next scheduled meeting pursuant to the usual public notice and placing of the matter on the Board of Zoning Appeals’ agenda.
(Prior Code, § 155.10) (Am. Ord. 25-2019, passed 10-28-2019)