Where, in the judgment of the Board, on recommendation of the
Planning Commission, it would be inappropriate to apply literally
the provisions of this chapter because exception or undue hardship
would result, the Board may waive or modify any requirements to the
extent deemed just and proper. Applications for any such variance
shall be made, in writing, by the subdivider/land divider at the time
when the preliminary plat or certified survey map is filed for consideration,
stating fully at the facts relied upon by the subdivider/land divider,
and shall be supplemented with maps, plans or other additional data
which may aid the Board in the analysis of the proposed project. The
subdivider shall pay a fee in an amount as set from time to time by
the Board.
The Planning Commission shall not recommend nor shall the Board
grant a variance to the regulations of this chapter unless it shall
make findings based upon the evidence to it in each specific case
that:
A.Â
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.Â
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.Â
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,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
The Board, if it approves of the variance, shall do so by resolution.
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of Greenville in accordance with any Greenville Comprehensive Plan, the Comprehensive Outdoor Recreation Plan (CORP) or component thereof, this chapter, Chapter 320, Zoning, any other Greenville Municipal Code or Outagamie County ordinances. A majority vote of the entire membership of the Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Board may waive the placing of monuments, required under
§ 236.15(1)(b), (c) or (d), Wis. Stats., for a reasonable
time on condition that the land divider/subdivider execute a surety
bond to ensure the placing of such monuments within the time required.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, of the Wisconsin Statutes, within 30
days of notification of the rejection of the plat.
