Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.16 CULVERTS, UNDERDRAINS AND CURB CUTS
12.16.050 Variances.
A. The village board of trustees may approve variances to the
standards contained in this chapter, provided that no variance shall be approved
unless the village board finds that all of the following criteria have been
met:
1. Because of special conditions or circumstances, a
substantial hardship to the owner of the property would result, as distinguished
from purely a financial hardship or a mere inconvenience, from strict compliance
with the standards contained in this chapter.
2. The conditions or circumstances upon which the request for
a variance is based are unique to the property affected and are not applicable
generally to other property.
3. The granting of the variance will not be detrimental to
the public safety, health or welfare, or injurious to other property.
B. In approving variances, the village board may require such
other conditions as will, in its judgment, secure substantially the objectives
of the standards contained in this chapter.
C. A petition for any variance shall be submitted in writing
to the village administrator, signed by the person intending to undertake any
activity governed by this chapter. The petition shall state fully the grounds
for the application and all facts relied upon by the petitioner. The village
administrator shall promptly forward the petition and any available plans or
drawings to the village board, and notify the petitioner of the date set for
consideration of the petition.
D. The village board shall, within a reasonable time after
receiving the petition, consider the matter at a general or special meeting, at
which time the petitioner and all interested parties shall have the right to
appear and present evidence or argument. The village board shall grant or deny
the petition within thirty-five days of the meeting and shall send written
notice of its decision to the petitioner. The decision of the board is final.
(Ord. 1978-12 § 5, 1978)