A. Power To Approve: Where the planning and zoning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations 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, if such variance does not have the effect of nullifying the intent and purpose of this title.
B. Criteria For Approval: The planning and zoning commission shall not approve variances unless it finds, based upon the evidence presented to it in each specific case, that all the following conditions apply:
1. The subdivider is proceeding in good faith;
2. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
3. 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 in the area;
4. 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 this title is carried out;
5. The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship;
6. The variance will not nullify the intent or purpose of this title nor those of any adopted plan or zoning ordinance of the town; and
7. Any variance granted shall constitute the minimum adjustment necessary to alleviate the hardship.
C. Request For Variance: A request for a variance may be submitted only after the planning and zoning commission has formally reviewed the preliminary plat and has either: 1) recommended disapproval because the plat does not conform to this title, or 2) conditionally approved the plat specifying those amendments which must appear on the final plat in order for it to be approved. The subdivider may then seek relief from the specific provisions of this title with which he cannot comply. (Ord. 93-9, 6-14-1993)
D. Action Taken On Request: All requests for variances shall be submitted, in writing, to the administrative official and shall be referred to the planning and zoning commission for action at a regular meeting not more than forty five (45) days from the date of submittal. In granting a variance, the planning and zoning commission may impose such conditions as will ensure substantial compliance with the objectives and standards of these regulations. The findings and action on each variance, and any conditions imposed, shall be recorded in the minutes of the planning and zoning commission and a copy thereof provided to the town council. (Ord. 93-9, 6-14-1993; amd. 2007 Code)
E. Incorporation In Final Plat: If the subdivision variance is granted by the planning and zoning commission, the subdivider may incorporate the provisions of the variance into the final plat to be submitted to the planning and zoning commission and to the council for approval. In its review of the final plat, the planning and zoning commission shall be bound by the decision regarding the variance and shall review and approve the final plat with the variance, if the plat in all other respects conforms to the preliminary plat and any other conditions imposed by the planning and zoning commission. (Ord. 93-9, 6-14-1993)
F. Appeal: Appeal from the decision of the planning and zoning commission may be made to the board of adjustment under provisions of section 10-3-3 of this chapter. (Ord. 93-9, 6-14-1993; amd. 2007 Code)