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Agenda - 02-23-2009 - C2
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Agenda - 02-23-2009 - C2
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Last modified
3/22/2016 10:59:13 AM
Creation date
2/18/2009 3:02:59 PM
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BOCC
Date
2/23/2009
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C2
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Minutes - 20090223
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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18 <br /> d) That the variance is in harmony with and serves the general intent <br /> and purpose of this ordinance and the adopted Comprehensive <br /> Plan. <br /> e) That allowing the variance will result in substantial justice being <br /> done, considering both the public benefits intended to be secured <br /> by this ordinance and the individual hardships that will be suffered <br /> by a failure of the Board to grant a variance. <br /> 2.3.6.2 All of these findings of fact shall be made in the indicated order by the <br /> Board of Adjustment, which is not empowered to grant a variance without <br /> an affirmative finding of fact shall be supported by substantial evidence in <br /> the record of proceedings before the Board. <br /> 2.3.6.3 The Board may impose reasonable conditions upon the granting of any <br /> variance to insure that the public health, safety, and general welfare shall <br /> be protected and substantial justice done. <br /> 2.3.6.4 Nothing in this section shall be construed to authorize the Board to permit <br /> a use in a district where that use is neither a Permitted Use nor a Special <br /> Use. <br /> 2.3.7 Application Of Interpretation Power <br /> 2.3.7.1 An appeal from an order, requirement, decision or determination of the <br /> Planning Director shall be decided by the Board based upon its findings of <br /> fact and to achieve the intent of the Ordinance. In exercising this power, <br /> the Board shall act in a prudent manner so that the purposes of the <br /> ordinance shall be served. The effect of the decision shall not be to vary <br /> the terms of the Ordinance nor add to the list of Permitted Uses in the <br /> districts. <br /> *2.3.7.2 <br /> • <br /> *Amended <br /> 4/1/85 An appeal for an interpretation of a decision, file determination or directive <br /> of the Planning Director must be within thirty (30) days after the <br /> decision, determination or directive was made by the Planning Director <br /> and record of that action filed in the office of the Planning Director. <br /> 2.3.8 Appeal Stays Further Proceedings <br /> An appeal to the Board of Adjustment from a decision or determination of <br /> the Planning Director stays all proceedings in furtherance of the decision <br /> or determination appealed from, except as provided in 2.3.9. <br /> 2.3.9 Exceptions to Stay of Action <br /> 18 <br />
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