A.
Where the Plan Commission finds that extraordinary hardships or particular
difficulties may result from the strict compliance with this chapter,
the Plan Commission may, after written application by the subdivider,
recommend variations or exceptions to the regulations, provided that
such variations or exceptions shall not have the effect of nullifying
the intent and purpose of this chapter or the Comprehensive Plan.[1]
B.
The Plan Commission shall not recommend variations or exceptions
to the regulations of this chapter unless it shall make findings based
upon the evidence presented in each specific case that:
(1)
Because of the particular physical surroundings, shape or topography
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 the regulations was carried out.
(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)
The granting of the variation 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.
The standards and requirements of this chapter may be modified
in the case of large-scale development when the Plan Commission finds
that a plan and program for a new village, complete community, or
a planned unit development provides adequate public open spaces and
improvements for the circulation, recreation, light, air, and service
needs of the tract when fully developed, and which also provides such
covenants or other legal provisions as will assure conformity and
achievement of the plan.
Any modification under this article shall be made upon recommendation
of the Plan Commission and concurred in by a two-thirds vote of the
County Board.
