Guam § 62601 - Petition for Variances.

§ 62601. Petition for Variances.

The Commission, on its own initiative, or upon the petition

of any subdivider stating fully the grounds of the application and

all the facts relied upon by the subdivider, may grant variances to

the regulations of the Commission. Such petition shall be filed

with the tentative plan of the subdivision. In the event the

Commission shall find the following facts with respect to the

petition for a variance, it may grant a variance under such terms

and conditions as it may prescribe:

(a) That there are special circumstances or conditions

affecting said property.

(b) That the variance is necessary for the preservation and

enjoyment of a substantial property right of the subdivider.

(c) That the granting of the variance will not be materially

detrimental to the public welfare or injurious to other property in

the area in which said property is situated.

(d) That the variance, if granted, will conform with the intent

and purpose of the general or precise plans for Guam, and of this

Chapter.