Agenda - Council - 07/27/1982 - Laserfiche WebLink

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I I I I I I I I I I' I I I I I I I coverage, setback requirements, density, and parking requirements. Specifically, the Board of Adjustment may grant only non-use or area YarJan£e.~ and may not grant use variances, sucb as permitting a retail busine.~s to be located in a resiaentJal district. 170.0]81i VARIANiiIi f;RITIiR1A No variance in tho provis~ons or requirements of this ordinance shall bo authorized by the Board of Adjustment unless it finds evidence that a].] the following facts and conditions exist: a. That there are exceptional, unique, or extraordinary circumstances or conditions applying to'the property in question as to the intended use el the property that do not apply generally to other properties in the same zoning district; b. 'II, at 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; c. That the authorizing of such variance will not be of substantial detriment to adjacent property and wi/] not materially impair the intent and purpos~ of this ordinance or the public interest; d. That the condition or situation o~'the specific p~ece 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 ~or such conditions or situa- tion; e. That the variance observes the spirit and intent of this ordinance, produces substantial justice and is not contrary to the public interest. ]70.018~ CONI]ITIONS 1N~OSED In grantin~ a variance, the Board o~ Adjustment may impose conditions to insure compliance and to protect adjacent properties. 170. O] 8fi I>}~Cti]3URE 1. Within sixty (60) days after receipt of filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment shall hold a public hearing thereon, ~nd shall bear such persons as wish to be beard, either in person or by agent o~ 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 mai]ed not ].ess 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 reqt~est for a variance, to each owner of property situated who].ly or partly within three hundred fifty (350) feet of the property to which the variance relates. A map containin~ the