Request for an Exception for Required Improvements for the Villas at Coach Hills Condominium Plat and Certified Survey Map
The applicant provided their request to modify the approved plat to remove sidewalks from the approved plans and instead pay an in lieu of fee. Mount Pleasant Code of Ordinances Chapter 74 requires sidewalks for all new land divisions per § 74-8.8: Sidewalks and pedestrian/recreational paths.
§ 74-2.9: Exceptions and modifications.
Where, in the judgment of the Plan Commission, it would be inappropriate to apply literally the provisions of Article VII and VIII of this Ordinance because exceptional or undue hardship would result, the Plan Commission may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this Ordinance or the desirable general development of the community in accordance with an adopted comprehensive plan or component thereof. No exception or modification shall be granted unless the Plan Commission finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
- Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this Ordinance would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this Ordinance should be changed.
- Preservation of property rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
- Absence of detriment. That the exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest.
- A majority vote of the quorum of the Plan Commission shall be required to grant any exception or modification of this Ordinance, and the reasons shall be entered into the minutes of the Commission.
If the Plan Commission approves the exception and modification, the applicant must pay an in lieu of fee for the sidewalks per § 90-420.70(a)(1).
The staff recommend denial of the exception and modification to the approved condominium plat. The applicant did not present an "...exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this Ordinance would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this Ordinance should be changed."