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.

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

Approval Process

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 Hearing

Notice of the hearing will be published at least once, not more than 30 nor less than 15 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 15 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.

Written Notice

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

Filing Fee

See the current Application Fees.

Authorization to Secure Building Permits

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.

More Information

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