The Village Planning Commission may recommend
to the Village Council a variance from the provisions of this chapter
on a finding that undue hardship may result from strict compliance
with specific provisions or requirements of the chapter or that application
of such provision or requirement is impracticable. The Planning Commission
shall only recommend variances that it deems necessary to or desirable
for the public interest. In making its findings, as required hereinbelow,
the Planning Commission shall take into account the nature of the
proposed use of land and the existing use of land in the vicinity,
the number of persons to reside or work in the proposed subdivision,
and the probable effect of the proposed subdivision upon traffic conditions
in the vicinity. No variance shall be recommended unless the Planning
Commission finds, after a public hearing:
A.Â
That there are such special circumstances or conditions
affecting said property that the strict application of the provisions
of this chapter would clearly be impracticable or unreasonable. In
such cases, the subdivider shall first state his reasons in writing
as to the specific provision or requirement involved and submit them
to the Planning Commission.
B.Â
That the granting of the specified variance will not
be detrimental to the public welfare or injurious to other property
in the area in which said property is situated.
C.Â
That such variance will not violate the provisions
of the State Subdivision Control Act.
D.Â
The Planning Commission shall include its findings
and the specific reasons therefor in its report of recommendations
to the Village Council and shall also record its reasons and actions
in its minutes.
E.Â
That such variance will not have the effect of nullifying
the interest and purpose of this chapter and the Comprehensive Development
Plan.
Where, in the case of a particular proposed
subdivision, it can be shown that strict compliance with the requirements
of this chapter would result in extraordinary hardship to the subdivider
because of unusual topography, other physical conditions, or other
such conditions which are not self-inflicted, or that these conditions
would result in inhibiting the achievement of the objectives of this
chapter, the Planning Commission may recommend to the Village Council
that modification or a waiver of these requirements be granted.
