New Franklin Variations from Provisions ordinance (§ 410.100)

A. When the Board determines that in a particular instance an owner cannot possibly or practically observe the requirement of any provision or provisions of this Chapter because of the presence of unusual circumstances or conditions and that the strict application of the requirements of such provisions would either prevent or present a serious obstacle to the formulation of a plat for the reasonable use and development of land in subdivision form, the Board may permit a variance from the requirements of such provisions.

B. The Commission, upon consideration of the facts presented with the recommendation, may permit the owner to vary from the requirements of such provisions if it determines that the intent of this Chapter is not being violated and adjoining property is not materially or adversely affected.