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In order for a waiver to be recommended by the commission and approved by the town council, it must be determined that:

(1) There are special topographic or other physical conditions affecting the property that are not common to other properties in the area;

(2) Hardship, as distinguished from mere inconvenience, would result from strict compliance with the standards of this chapter;

(3) The waiver complies with the spirit and intent of this chapter and will not be detrimental to the public health, safety, welfare or environment, or injurious to other property in the vicinity; and

(4) A waiver will not have the effect of nullifying the spirit and intent of the comprehensive plan and land use ordinance. (Ord. 484, 2006)