§ 38-29. Variances.

(a)

Where the subdivider can show that a provision of these general requirements and minimum standards of design would cause an unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the board a departure may be made without destroying the intent of such provisions, then the board may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the board and the reason which justified the departure to be set forth.

(b)

In the event one or more aldermen have a monetary interest or own property in the proposed subdivision for which a variance is sought, then and in that event, the mayor shall appoint one registered voter, who is a resident of the village, for each of the aldermen who has such an interest, who shall serve in the place of that alderman or aldermen. This appointment shall not be necessary if a quorum of two-thirds is maintained after the alderman or aldermen are disqualified from voting on the granting of the variance.

(c)

The hearing on the issue of variances shall take place only on regularly scheduled meetings of the board but not then until after the subdivider has published in the official journal of the village a notice that a variance is being sought. The notice shall be published at the expense of subdivider and shall be published during the week immediately prior to the next regularly scheduled meeting of the board. The notice shall describe the property encompassed in the subdivision plan, the owners' names and the variance being sought and the reason for the application of the variance. The notice shall be entitled, "Application To The Board Of Aldermen Of The Village Of Grosse Tete For Subdivision Variance" and shall set forth the date and time of the meeting of the board on which the application of the variance shall be presented for approval.

(Code 2004, § 17.9; Ord. of 2-13-1986)