Where the Planning Commission finds that extraordinary hardships 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 justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purposes of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon evidence presented to it in each specific case that the request conforms to all of the following conditions:
(A) The granting of the variance will not be detrimental to the public safety, health, or injurious to other property;
(B) 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.
(C) 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;
(D) That the special conditions and circumstances do not result from the actions of the applicant.
(E) Cost to the developer of strict or literal compliance with the regulations shall not be the sole reason for granting a waiver or exception.
(F) The variances will not in any manner vary the provisions of the land use element, or the official subdivision jurisdiction map.
(G) In the granting of variances, the Planning Commission may require such conditions as will, in their judgement, secure substantially the objective of the standards and requirements of the subdivision regulations.
(H) A request for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed with the Plat Officer for the consideration of the Planning Commission. The request shall state fully the grounds for the application and all of the facts taken into consideration by the petitioner.
(Ord. 172, passed 6-8-87)