Town of Kendall, NY
Orleans County
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A. 
The Board may grant a variance to the provision contained herein where by reason of the exceptional shape of a specific piece of property, or where by reason of exceptional topographic conditions, the strict application of these regulations would result in extreme practical difficulties and undue hardship upon the owner of such property; provided, however, that such relief may only be granted without detriment to the public good and without substantially impairing the intent and purposes of these regulations.
B. 
In granting such variances or modifications, the Board may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so varied or modified.
Any subdivider aggrieved by a finding, decision or recommendation of the Board may request and receive opportunity to appear before the Board, present additional relevant information, and request reconsideration of the original finding, decision or recommendation.
A. 
Applications for modifications and variances shall be submitted in writing by the subdivider at the time the preliminary plat is filed with the Board. The application shall state fully the grounds and all the facts relied up by the applicant.
B. 
Applications for reconsideration shall be submitted in writing by the subdivider not less than 10 calendar days in advance of the meeting at which reconsideration is desired.
In granting a modification or variance, the Board shall record its actions and the grounds for granting the modification or variance in its minutes. A statement showing the date that such modification or variance was granted shall be affixed to the final plat.