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.