Where the Plan Commission finds that extraordinary hardships
or particular difficulties may result from strict compliance with
this chapter, it may recommend to the Village Board variances or exceptions
to the regulations so that substantial justice may be done and the
public interest secured, provided that such variance or exception
shall not have the effect of nullifying the intent and purpose of
this chapter; and further provided that the Plan Commission shall
not recommend variances or exceptions to the regulations of this chapter
unless it shall make findings based upon the evidence presented to
it in each specific case that:
A.
The granting of the variance 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;
B.
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;
C.
Because of the particular physical surroundings, shape or 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 the regulations were carried out.
