Where hardships, extraordinary circumstances, or practical difficulties in complying with a certain provision or requirement of this chapter exist, the Village Council may, upon the recommendation of the Planning Commission, vary or modify any of the provisions or requirements herein contained so that the spirit of this chapter and the Land Division Act, being M.C.L.A. §§ 560.101 through 560.293 shall be observed and an adequate development encouraged.

(Prior Code, § 725.01)

   (A)   Generally. The Planning Commission shall recommend a variance only if it finds that the following facts exist.

   (B)   Specifically.

      (1)   The strict application of the provisions of this chapter would clearly be impractical or unreasonable.

      (2)   The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.

      (3)   The variance will not violate the provisions of the Land Division Act, being M.C.L.A. §§ 560.101 through 560.293.

      (4)   The variance will not have the effect of changing a land use under this chapter. Any proposed change in land use shall be in the form of an application requesting an amendment to this chapter.

(Prior Code, § 725.02)

   The findings of the Planning Commission shall be included in its recommendation to the Village Council.

(Prior Code, § 725.03)

   If a proposed variance should be determined by the Zoning Board of Appeals under the provisions of this chapter, the Village Council shall forward the proposed variance, together with the Planning Commissions's recommendations, to the Zoning Board of Appeals for decision.

(Prior Code, § 725.04)