The following regulations shall govern the granting of variances.
(A) (1) Where the Commission finds that extraordinary and practical difficulty may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such difficulty, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and community.
(2) Such variations shall not have the effect of nullifying the intent and purpose of these regulations or the Comprehensive Plan.
(B) (1) In granting variances or modifications, the Commission may require such conditions as, in its judgment, will secure substantially the objective of the standards or requirements so varied or modified.
(2) The Commission shall use the following factors or standards in considering whether a variance shall be issued:
(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(b) Where the variance is substantial;
(c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(d) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, garbage collection, fire, EMS, police and the like;
(e) Whether the property owner purchased the property with knowledge of the subdivision restrictions and did not create the practical difficulty by his or her own actions;
(f) Whether the property owner's predicament feasibly can be prevented through some method other than a variance; and
(g) Whether the spirit and intent behind the subdivision regulations would be observed and substantial justice done by granting the variance.
(C) Any variance granted shall be entered in the minutes of the Commission setting forth the reasons which justify the variance.
(D) A fee, as determined by the Commission, shall be paid to the Commission upon filing for a variance.
Application for Subdivision Variance |
Date__________
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Application #___________
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Name_______________________________________________________________________
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Address_____________________________________________________________________
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Phone_______________________________________________________________________
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1. Locational description:_____________________________________________________
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____________________________________________________________________________
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____________________________________________________________________________
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2. Nature of variance requested: Describe generally the nature of the variance:__________
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___________________________________________________________________________
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3. Justification of variance: On a separate sheet, please attach a statement explaining why the variance from requirements of the subdivision regulations is requested. Include such items as:
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a. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
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b. Where the variance is substantial.
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c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
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d. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, garbage collection, fire, police, EMS and the like.
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e. Whether the property owner purchased the property with knowledge of the subdivision restrictions and did not create the practical difficulty by his or her own actions.
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f. Whether the property owner's predicament feasibly can be prevented through some method other than a variance.
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g. Whether the spirit and intent behind the subdivision regulations would be observed and substantial justice done by granting the variance.
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I certify that all information contained in this application and its supplements is true and correct.
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__________ ______________________________
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Date Signature
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(For Official Use)
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Date Received___________ Action_________________
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Fee Due________________ ______________________
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(Ord. 18, 2001, passed 6-14-2001) Penalty, see § 153.999