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Subdivision Variation Procedures

Variation to Title 17 Petition Form Packet
Affidavit of Compliance Packet

What is a Planning and Subdivision Variance?

A planning and subdivision variance is a modification of the specific requirements of the subdivision ordinance granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties similarly located and zoned.  Only in specific instances where the application of the strict letter of the regulations of the Planning and Subdivision create practical difficulties or particular hardship for the owner, lessee, or occupant of land, buildings, or other structures, shall a planning and subdivision variance be considered.

What are the Requirements or Standards for Seeking a Variance?

A variance will be approved by the Village Board only when it is determined through the public hearing process that, in each specific case, the evidence presented will support the following conclusions (Section 17.52.010):

1. State how the potential future volume or type of traffic affecting the property in question warrants a variation from this title;

2. State how the topographic or soil conditions of the property in question warrants a variation from this title;

3. State how the strict application of any provision of this title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of property abutting upon an existing or proposed street;

4. Indicate how the property in question cannot yield a reasonable return if permitted to be used only under the terms of this title, and where the plight of the owner is due to unique circumstances, and where the variation, if granted, would not alter the essential character of the area;

5. State why proposed construction materials, different from those enumerated in Title 17 and not approved by the Village Engineer, warrant a variation from this title.

What is the approval Process for a Variation Request?

In order to have a variance request considered, an Application or Petition for the variance must be filed with the Community Development Department along with a current plat of survey of the subject site, the required legal documentation as outlined in the application and the appropriate filing fee.  Within 90 days after the filing of the application, a public hearing will be scheduled.

Notice of the hearing will be published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers generally circulated within the Village.  In addition, a public hearing sign will be posted by the Village of Wheeling (Public Works Department) at least fifteen (15) days in advance of the public hearing date.  The sign will be picked up by Public Works personnel after the final recommendation has been made by the Commission.

At the public hearing before the Plan Commission testimony will be taken to determine if the standards for variance, outlined above, have been met.  The Plan Commission's Finding of Fact and Recommendation will then be forwarded to the Corporate Authorities for final action.

Petitioner must provide Written Notice as required under Section 17.52.015.  An Affidavit of Compliance certifying this requirement has been fulfilled must be in the docket file prior to the hearing.

What is the Filing Fee for a Variance Request?

See Application for Fees. A check payable to the Village of Wheeling should be provided at the time of filing the petition, but if the expenses exceed the cost deposit, the petitioner will be invoiced for the appropriate amount.

How is a Variance Authorized so that Building Permits can be Secured?

When the Corporate Authorities grant approval of a requested variance, an ordinance is signed into law authorizing the approval.  A copy of the ordinance is forwarded to the petitioner who is then eligible to apply for building permits.

For further information, contact the Community Development Department at (847) 459-2620.