02/19/85 - Laserfiche WebLink

Home

I I I I '! I I I I I I i I The Board of Adjustment, upon appeal, shall have the power to authorize variances from certain requirenlents of this ordir, ance. Variances shall pertain only to the physical characteristics of the lar, d or strucutres to be built thereon, such as area, height, exter, t of lot coverage, setback requirements, density, and parking requiren~er, ts. Specifically, the Board of Adjustment may grant only non-use or area variar, ces and may not grant use variances. Nc, 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: a. That there are exceptional, unique, or extraordinary circur,~stances or conditions applying to the property ir, quest ior, as to the ir, tended use of the property that dc, not apply generally to other properties in the dis- trict; b. That such variance is necessary for the preservation and enjoyment of a substantial property right similar that possessed by other properties in the same vicinity. The possibility of increased finanicial return shall not in itself be deemed sufficient to warrant a variar, ce; c. That the authorizing of such variance will not be of * substantial detri~ent to adjacent property and will not R materially i~pair the intent and purpose of this or- E dinance or the public interest; V d. That the condition or situation of the specific piece I of property, or the intended use of said property, for S which the variance is sought, is not of so general or E recurrer, t a nature as to make reasonably practicable * the formulation of a general regulation for such cor,- * ditions or situation; * e. That the variance observes the spirit and intent of this ordinance, produces substantial justice ar, d is not contrary to the public interest. In granting a variance, the Board of Adjustment may in, pose cor~ditions to insure compliance and to protect adjacent properties. Withir, 60 days after receipt of filing of a request for a variance or an appeal from an administratiYe order or dterminatior,, the Board of Adjust~ent shall hold a public hearing thereon, arid shall hear such persor,$ as wish to be heard, either in persor~ or by ager, t or attorney. Notice of such hearing shall be published ir, a newspaper of ger, eral circulation at least 10 days prior to the date of the hearing. In addition, notice of such hearing shall be mailed not less than 10 days before the date of hearing to the person or persons who filed the appeal or request, and ir, the case of a request for a variance, to each owner of property situated wholly or partly within 350 feet of the property to which the variance relates. A map containing the