Chapter 16.45
VARIANCES

Sections:

16.45.010    Variances and exceptions.

16.45.010 Variances and exceptions.

(a) Where, in the judgement of the village board, on the recommendation of the plan commission, it would be inappropriate to apply literally the provisions of this title because exceptional or undue hardship would result, the village board may waive or modify any requirements to the extent deemed just and proper. Application for any such variance shall be made in writing by the land divider at the time when the preliminary plat is filed for consideration, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the plan commission and village board in the analysis of the proposed project.

(b) The plan commission shall not recommend nor shall the village board grant variations or exceptions to the regulations of this title unless it shall make findings based upon the evidence presented to it in each specific case 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 for which the variation is sought and are not applicable generally to other property;

(3) 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 mere inconvenience, financial hardship, or self-imposed hardship, if the strict letter of the regulations were carried out.

(c) Any recommendations by the plan commission shall be transmitted to the village board. The village board, if it approves of the variance, shall do so by motion or resolution and instruct the village clerk to notify the plan commission and the land divider.

(d) Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this title or the desirable general development of the village in accordance with the village of Arena master plan, comprehensive plan or component thereof, this title, or the Zoning Code of Iowa County. A majority vote of the entire membership of the village board shall be required to grant any modification of this title, and the reasons shall be entered in the minutes of the board.

(e) The village board may waive the placing of monuments, required under Section 236.15(b), (c), and (d), Wis. Stats., for a reasonable time on condition that the land divider execute a surety bond to insure the placing of such monuments within the time required. [Res. 00-04. Prior code § 10-5-9.01].