Part 2 — Unified Development Ordinance Subdivision Regulations
City of Andover Unified Development Manual
ARTICLE 12. APPEALS, MODIFICATIONS & AMENDMENTS 100 Appeals A. Appeals in General.
101 Modification of Design Criteria A.The Planning Commission may grant a modification from a design criteria provision of these Subdivision Regulations, in cases where unwarranted hardship would occur if the provision were strictly applied. 1. When used in this Section, the term " unwarranted hardship " means the effective deprivation of use, as distinguished from a mere inconvenience. 2. A modification request must be made by the Subdivider to the Subdivision Administrator, who will transmit it to the Planning Commission. a. The Planning Commission must give the Subdivider and any other interested person an opportunity to be heard on the requested modification. 3. All the following conditions must apply for a modification to be granted. a. The strict application of these Subdivision Regulations will create an unwarranted hardship. b. The proposed modification is in harmony with the general spirit and intended purpose of these Subdivision Regulations. c. The rights of adjacent property owners will not be adversely affected. d. The public safety, health and general welfare will be protected. 4. Required Improvements. Unless approved by the applicable Governing Body, modifications to standards for required improvements, installation of required improvements, or guarantees for required improvements are not permitted under the provisions of this Article. 5. Zoning Regulations. Variances from the provisions of applicable Zoning Regulations may not be granted under these modification procedures.
1. The Subdivider of a proposed subdivision may appeal decisions made by the Subdivision Administrator in the enforcement of these Subdivision Regulations to the Planning Commission . 2. The Subdivider of a proposed subdivision may appeal decisions made by the Planning Commission to the Governing Body . a. If the Governing Body sustains the Planning Commission , the action of the Planning Commission is final, except as otherwise provided by law. b. If the Governing Body overrules the Planning Commission , the Governing Body must state the reasons for its decision in writing, and return the decision and the plat to the Planning Commission for consideration of re-approval. B. Appeals of Required Improvements. For information on waivers or appeals regarding required improvements or guarantees for their installation, see Subdivision Regulations, Section 7-101.
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