Comp Plan 1974-1977 FILE #1 - Laserfiche WebLink

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8.5 8.6 .7 VARIANCE~CRITERIA: No variance in the p'rovisions or requirements of this ordinance shall be authorized by the Board of Adjustment unless it finds evidence that all ~the following facts and condi- tions exist: (A) That there are exceptional, unique or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. (B) 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. (C) 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. (D) That the condition or situation of 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 for such conditions or situation. (E) That the variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. CONDITIONS IMPOSED: In granting a variance, the Board of Adjustment may impose conditions to insure compliance and to protect adjacent properties. PROCEDURE: 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, 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 (t0) 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 hearing 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 350 feet of the property to which the variance relates. A map containing the names and addresses of property owners within 350 feet of the property whereon the variance is requested shall be submitted with and made a part of the application for variance.