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b) That the alleged hardships and practical difficulties, which will result <br />from failure to grant the variance, extend to the inability to use the <br />land in question for any use in conformity with the provision of this <br />ordinance and include substantially more than mere inconvenience <br />and inability to attain a higher financial return. <br />c) That the variance, if allowed, will not substantially interfere with or <br />injure the rights of others whose property would be affected by <br />allowance of the variance. <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 />*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 decision, <br />determination or directive was made by the Planning Director and record <br />of that action filed in the office of the Planning Director. <br />16 <br />