Appendix 111. APPLICATION FOR VARIANCES

The developer or surveyor or surveyor/engineer who wishes to request a variance from the requirements of these subdivision regulations shall submit a letter to the Chattanooga-Hamilton County Regional Planning Commission with his plat. The letter shall:

(a)

state precisely the item(s) for which a variance is being requested; and

(b)

state the practical difficulty or unnecessary hardship that would be caused by adhering to these regulations; and

(c)

state the design alternative(s) that was considered to eliminate the need for the variance(s), and the reason(s) that the design alternative(s) is not practical; and

(d)

state the detrimental effect to the subdivision or the community if the variance is not granted.

111.1

Planning Commission Action on Variance Requests

In the Planning Commission's actions on subdivision plats, the Planning Commission shall approve, approve with modifications, defer, or disapprove the request for variances before acting on the individual plat. The Planning Commission may grant variances from these regulations in cases where the Planning Commission determines:

(a)

that unusual physical or other conditions exist which would cause practical difficulty or unnecessary hardship if these regulations are adhered to; and

(b)

that the granting of a variance will not be detrimental to the public interest; and

(c)

that the variance will not be in conflict with the intent and purpose of these regulations.

111.2

Any variance that is granted, and the justification for granting the variance, shall be in writing in the minutes of the Planning Commission.

111.3

In the event that a variance is denied, the reason(s) for denial shall be stated in writing in the minutes of the Planning Commission.