[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Where the subdivider alleges that extraordinary hardships or particular
difficulties may result from strict compliance with these regulations,
he/she may request variances or exceptions to the regulations so that
substantial justice may be done and the public interest secured, provided
that such variance or exception shall not have the effect of nullifying
the intent and purpose of this chapter. When in the judgment of the
City Council it would be inappropriate to apply literally a provision
of this chapter because the subdivision is located outside the corporate
limits of the City or because extraordinary hardship would result
or because the City deems it to be in the public interest, it may
waive or vary such provision so that substantial justice will be done
and the public interest secured, provided the requirement of filing
and recording the plat shall not be waived. Application for any such
variance shall be made in writing by the subdivider to the City Administrator/Clerk-Treasurer
at the time when the preliminary plat or certified survey is filed
for consideration, stating fully all facts relied upon by the petitioner,
and shall be supplemented with maps, plans, or other additional data
which may aid City officials in the analysis of the proposed project.
The plans for such development shall include such covenants, restrictions
or other legal provisions necessary to guarantee the full achievement
of the plan. The City Administrator/Clerk-Treasurer may request that
the City Engineer, City Attorney or other officials review each situation
to ensure that the request is consistent with the requirements and
standards of this chapter. The City Administrator/Clerk-Treasurer
shall refer the matter to the Plan Commission with any written recommendations
from City staff. The Plan Commission shall make a determination and
convey its decision in writing to the City Council. The previous granting
of variances or exceptions in the same or similar circumstances shall
not of itself constitute grounds for the granting of a variance or
exception, nor shall strictly financial rationale.
B. The City Council shall not grant variances or exceptions to the regulations
of this chapter unless it shall make findings based upon the evidence
presented to it in each specific case that:
(1) Failure to grant the variance may 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.
(2) 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.
(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,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
(4) Such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same
vicinity.
(5) There would be no costs (present or future) to the City resulting
from the granting of the variance or exception.
C. Any recommendations for variances or exceptions by the Plan Commission
must be approved by a minimum of five affirmative Plan Commission
member votes and shall be so endorsed by the Secretary and transmitted
to the City Council. The City Council, if it approves, shall do so
by resolution adopted by three-fourths vote and shall instruct the
City Administrator/Clerk-Treasurer to notify the Plan Commission and
the subdivider.
D. Variances from the strict application of this chapter may also be
granted in accordance with this chapter in the case of planned unit
developments provided the City Council, upon review and recommendation
from the Plan Commission, shall find that the proposed development
is fully consistent with the purpose and intent of this chapter, City
zoning ordinances, and any City Comprehensive Plan.
Pursuant to § 236.293, Wis. Stats., any restriction
placed on platted lands by covenant, grant of easement, land division
or consolidation approval, which was required by the City of Amery
and which names a public body or public utility as grantee, promisee
or beneficiary, vests in the public body or utility the right to enforce
the restriction by law or in equity against anyone who has interest
in the land subject to the restriction. The restriction may be released
or waived by resolution of the City Council.