Title 16 SUBDIVISIONS*
Chapter 16.04 GENERAL PROVISIONS
16.04.110 Variances.
A. General. Where the village board finds that extraordinary
hardships other than purely financial hardships or practical difficulties may
result from strict compliance with these regulations and/or the purposes of
these regulations may be served to a greater extent by an alternative proposal,
it may approve variances to these subdivision regulations so that substantial
justice may be done and the public interest secured, provided that such variance
shall not have the effect of nullifying the intent and purpose of these
regulations; and further provided the village board shall not approve variances
unless it shall make findings based upon the evidence presented to it in each
specific case and that all of the following criteria have been met:
1. The granting of the variance will not be detrimental to
the public safety, health, or welfare or injurious to other property,
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 and
topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations are carried out, and
4. The variances will not in any manner vary the provisions
of the zoning ordinance;
B. Conditions. In approving variances, the village board may
require such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements of these regulations.
C. Procedures. A petition for any such variance shall be
submitted in writing by the subdivider at the time when the preliminary plat is
filed for the consideration of the planning commission. The petition shall state
fully the grounds for the application and all of the facts relied upon by the
petitioner. (Subdivision Ordinance dated 6/3/03 § 1-11)