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Where the Planning Commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, it may agree and concur with waivers or exceptions to the regulations so that substantial justice may be done and the public interest secured; provided, that such waiver or exception shall not have the effect of nullifying the intent and purpose of this chapter and further provided the Plan Commission shall not agree to waivers or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:

(1) The granting of the waiver 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 waiver is based are unique to the property for which the waiver 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 if the strict letter of the regulations were carried out.

(Ord. No. 1707, T. 8, § 8, 7-22-20)