A.
Where in the judgment of the Town Board, on the recommendation of the Plan Commission, it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the Town Board may waive or modify any requirements to the extent deemed just and proper. Application for any such variance shall be made in writing by the subdivider at the time when the final plat 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 the Plan Commission and Town Board in the analysis of the proposed project.
B.
The Plan Commission shall not recommend nor shall the Town Board grant variations 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)
Granting of the variance will not 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 variation is based are unique to the property for which the variation 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.
C.
Any recommendations by the Plan Commission shall be transmitted to the Town Board. The Town Board, if it approves of the variance, shall do so by motion or resolution and instruct the Town Clerk to notify the Plan Commission and the subdivider.
D.
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the Town in accordance with any Town comprehensive plan or component thereof, this chapter or applicable zoning ordinance. A majority vote of the entire membership of the Town Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.