Laserfiche WebLink
(a) Undue hardship will result if the variance is denied <br /> due to the existence of special conditions and <br /> circumstances which are peculiar to the land, <br /> structure, or building involved and which are not <br /> applicable to other lands, structures or buildings in the <br /> same district. <br /> (1) Special conditions may include exceptional <br /> topographic or water conditions or, in the case of <br /> an existing lot of record, narrowness, <br /> shallowness, insufficient area or shape of the <br /> property. <br /> (2) Undue hardship caused by the special conditions <br /> and circumstances may not be solely economic in <br /> nature, if a reasonable use of the property exists <br /> under the terms of this Chapter. <br /> (3) Special conditions and circumstances causing <br /> undue hardship shall not be a result of parcel size <br /> or building location when the parcel qualifies as a <br /> buildable parcel. <br />(b) Literal interpretation of the provisions of this Chapter <br /> would deprive the applicant of rights commonly <br /> enjoyed by other properties in the same district under <br /> the terms of this Chapter or deny the applicant the <br /> ability to put the property in question to a reasonable <br /> use. <br />(c) The special conditions and circumstances causing the <br /> undue hardship do not result from the actions of the <br /> applicant. <br />(d) Granting the variance requested will not confer on the <br /> applicant and special privilege that is denied by this <br /> Chapter to other lands, structures or buildings in the <br /> same district under the same conditions. <br />(e) The request is not a result of nonconforming lands, <br /> structures or buildings in the same district. <br />(fl The request is not a use variance. <br />(g) The variance requested is the minimum variance <br /> necessary to accomplish the intended purpose of the <br /> applicant. <br /> <br />Application for a variance shall set forth reasons that the <br />variance is justified in order to make reasonable use of the <br />land, structure or building. <br /> <br />Should the Board of Adjustment and Appeals find that the <br />conditions outlined in this subdivision apply to the proposed <br />parcel, the Board of Adjustment and Appeals may grant a <br />variance from the strict application of this Chapter so as to <br /> <br />Ord. 90-23 Final 11/13/90 Page 17 <br /> <br /> <br />