Agenda - 02-25-1980 - Laserfiche WebLink

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Alk Existing Proposed B. That the alleged hardships and practical 1.4.3 .3.1 There are practical difficulties difficulties, which will result from or unnecessary hardships in the failure to grant the variance, extend to Fray of carrying out the ordinance, the inability to use the land in question where the property owner shall prove for any use in conformity with the (a) that if he complies with the provision of this ordinance and include provisions of the ordinance, he can substantially more than mere inconvenience secure no reasonable return from, or and inability to attain a higher financial make no reasonable se__of_h;,is—p-ro-- - r.eturn.--The--aLl-eged-ha-r-dsh-ips-cannot--have- pe�ty; (b) that the hardship results * resyltedtfrom the action or inaction of the C. Mt Me variance, if allowed, will not from the application of the ordinance; substantially interfere with or injure (o) that the hardships is suffered the rights of others whose property would directly by the property in question, and is not merely a general need such be affected by allowance of the variance. as a lack of desiyahle developments D. That the variance is in harmony -with and or arrangements in the surrounding serves the general intent and purpose of area; (d) that the hardship is pecu- this ordinance and the adopted Comprehen-- liar to the app licant Ir s property ; sive Plan. (e) that the hardship is not the result of the applicant' s own actions . E. That allowing the variance will result in substantial justice being done, consider- ing both the public benefits intended to 4.3.3.2 The variance is in harmony with the general purpose be secured by this ordinance and the indi- and intent of the ordinance, and preserves its vidual hardships that will be suffered by spirit. The Board shall grant no variance which a failure of the Board to grant a variance would permit any use of land or buildings pro- hibited by any other section of this ordinance. 2.3.5.2 All of these findings of fact shall be made Only variances in setback, lot area, yard and in the indicated order by the Board of other dimensional requirements are permitted. Adjustment, which is not empowered to grant a variance without an affirmative finding of fact on all five categories above. Each finding of fact shall be supported by substan- tial evidence in the record of proceedings before the Board. 1.3.3.3 In the granting of the variance the public 2.3.5.3 The Board may impose reasonable conditions safety and welfare are assured, substantial upon the granting of any variance to insure justice is done both to the applicant property that the public health, safety, and general owner and the owners of adjacent properties, welfare shall be protected and substantial and the best interests of the public as a justice done. whole are preserved.