The commission may authorize a variance from these regulations
when in its opinion undue hardship will result from requiring strict
compliance. In granting a variance, the commission shall prescribe
only conditions that it deems necessary or desirable to the public
interest and making the findings herein below required. The commission
shall take into account the nature of the proposed use of land involved
and existing uses of the land in the vicinity, the number of persons
who will reside or work in the proposed subdivision, and the effect
of such variances upon traffic conditions and upon the public health,
safety, convenience and welfare in the vicinity. No variance will
be granted unless the commission finds:
(1)
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
his land.
(2)
That the variances are necessary for the preservation and enjoyment
of a substantial property right of the applicant, that the granting
of the variance will not be detrimental to the public health, safety
or welfare or injurious to other property in the area.
(3)
That the granting of the variance will not [have] the effect of preventing
the orderly subdivision of other lands in the area in accordance with
the provisions of this article. Such finding of the commission together
with the specific facts on which such findings are based shall be
incorporated under the official minutes of the commission meeting
at which such variance is granted. Variances may be granted only when
in harmony with the general purpose and intent of these regulations
so that the public health, safety and welfare may be secured and substantial
justice done. Pecuniary hardship to the subdivider, standing alone,
shall not be deemed to constitute undue hardship.
(4)
The commission may not authorize a variance that would constitute
a violation of any other valid ordinance of the City of Hutchins.
(1992 Code, art. 9.1100)
