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Agenda - Council - 07/22/2003
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Agenda - Council - 07/22/2003
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3/24/2025 3:51:53 PM
Creation date
7/18/2003 3:48:56 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
07/22/2003
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Undue hardship or practical difficulty will result if the variance <br />is den/ed due to the existence of special conditions and <br />circumstances which are peculiar to the land, structure, or <br />building involved and which are not applicable to other lands, <br />structures or buildings in the same district. <br /> <br />Special conditions may include but are not limited to <br />exceptional topographic or water conditions or, in the case <br />of an existing tot of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br /> <br />(2) <br /> <br />'Undue hardship or practical difficulty caused by the special <br />conditions and circumstances may not be solely econorrfic <br />in nature, if a reasonable use of the property exists under <br />the terms of this Chapter. <br /> <br />(3) <br /> <br />Special conditions and circumstances causing undue <br />hardship or practical difficulty shall not be a result of parcel <br />size when the parcel qualifies as a buildable parcel. <br /> <br />Co) <br /> <br />Literal interpretation of the provisions of this Chapter would <br />deprive the applicant of rights commonly enjoyed by other <br />properties in the same district under the terms of this Chapter or <br />deny the applicant the ability to put the property in question to a <br />reasonable use. <br /> <br />(c) <br /> <br />The special conditions and circumstances causing the undue <br />hardship or practical difficulty do not result from the actions of <br />the applicant. <br /> <br />(d) <br /> <br />Granting the variance requested will not confer on the applicant <br />any special privilege that is denied by this Chapter to other lands, <br />structures or buildings in the same district under the same <br />conditions. <br /> <br />(e) The request is not a use variance. <br /> <br />The variance requested is the minimum vahance necessary to <br />accomplish the intended purpose oft he applicant. <br /> <br />Application for a variance shall set forth reasons that the variance is <br />justified in order to make reasonable use of the land, structure or <br />building. <br /> <br />Should the Board of Adjustment find that the conditions outlined in <br />this subdivision apply to the proposed parcel, the Board of Adjustment <br />may grant a variance fi:om the strict application of this Chapter so as to <br />relieve such practical difficulties or hardships to the degree considered <br />reasonable, provided such relief may be granted wkhout impairing the <br /> <br />-142- 28 <br /> <br /> <br />
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