Agenda - Council - 01/13/1981 - Laserfiche WebLink

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coverage, setback requirements, density, and parking requirements. Specifically, the Board of Adjustment may grant only non-use or area variances and may not grant use variances, such as permitting a retail business to be located in a residential district. 170.018E VARIANCE C~ITERIA No variance in the provisions or requirements of this ordinance shall be authorized by the Board of Adjustment unless it finds evidence that all the following facts and conditions exist: f}tao tbo . ~c. ~. ~ .~ e. . That there are exceptional, unique, or extraordinary circumstances or conditions applying to the property in question as to the intended use at the property that do not apply generally to other properties in the same zoning district; That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance; That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this ordinance or the public interest; That the condition or situation o~ the specific piece of property, or the intended use of said property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation tor such conditions or situa- tion; That the variance observes the spirit and intent of this ordinance, produces ,substantial justice and is not contrary to the public interest. ~.:.'; 1M 170.018F CONDITIONS IMPOSED In granting a variance, the Board ot Adjustment may impose conditions to insure compliance and to protect adjacent properties. 170.018G PROCEDUHE 1. Within sixty (60) days after receipt of filing of a request for a variance or an appeal from an administrative order or determina~ion, the Board of Adjustment shall hold a public hearing thereon, and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of such hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the date of hearing. In addition, notice of such hearing shall be mailed not less than ten (10) days before the date of hear- ing to the person or persons who filed the appeal or request, and in the case of a request for a variance, to each owner of property situated wholly or partly within three hundred fifty (350) feet of the property to which the variance relates. A mnp containing the