[Ord. No. 94-2, 1-11-1994]
Pursuant to the authority conferred by the laws of the State
of Missouri, the Planning and Zoning Commission of Indian Point, Missouri,
hereinafter referred to as the "Commission," is hereby designated
as the administrative body charged with the duty of making investigations,
recommendations and determinations regarding the platting and subdivision
of land and public improvements within the Village of Indian Point.
[Ord. No. 94-2, 1-11-1994]
Unless otherwise specifically provided in this Chapter, in acting
upon requests for subdivision plat approval and offers of dedication,
and in considering amendments to this Chapter, the Board of Trustees
shall follow regular, voting ad other requirements as set forth in
other provisions of the Village Code.
[Ord. No. 94-2, 1-11-1994]
A.
The Commission, when acting upon applications for preliminary plat
or minor subdivision approval, shall have the power to grant such
variances from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of this Chapter, if the literal
enforcement of one (1) or more provisions of this Chapter is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land in question. The Commission shall not recommend a variance
unless it is found that:
1.
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.
2.
The conditions upon which the request for a variance is based
are unique to the property in question and are not applicable generally
to other property.
3.
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, an undue hardship to
the owner would result, as distinguished from a mere inconvenience,
if the literal enforcement of these regulations are carried out.
4.
The hardship relates to the applicant's land, rather than personal
circumstances.
5.
The hardship is not the result of the applicant's own actions.
6.
The variance will not in any manner conflict with the general
purpose and intent of the subdivision regulations, nor vary the provisions
of any other applicable ordinance.
B.
In recommending variances, the Commission may require such conditions
as in its judgment will secure substantially the objectives and requirements
of this Chapter.
C.
A petition for any variance shall be submitted in writing by the
applicant at the time when the preliminary plat or minor subdivision
final plat is filed for consideration by the Commission. The petition
shall state fully the variance requested, the reason and all of the
facts relied upon by the applicant in requesting the variance.
D.
The Commission shall maintain accurate records of all findings, decisions
and recommendations pertaining to petitions for variances and shall
transmit in writing to the applicant the decision of the Commission.
E.
The Board of Trustees shall review requests for variances only upon
an appeal by the applicant from a denial of a variance request determined
by the Commission and only upon the written record made by the Commission.
An appeal to the Board of Trustees shall be filed in writing by the
applicant within thirty (30) working days of the decision of the Commission.
