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Agenda - 11-24-1980
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Agenda - 11-24-1980
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4/10/2017 3:36:03 PM
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BOCC
Date
11/24/1980
Meeting Type
Regular Meeting
Document Type
Agenda
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Minutes - 19801124
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\Board of County Commissioners\Minutes - Approved\1980's\1980
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2.3.5 Application of the Variance Power <br /> 2.3.5.1 A variance may be allowed only by the Board of Adjustment in <br /> cases involving practical difficulties or unnecessary hard- <br /> ships caused by unusual size, shape, topography of the lot <br /> unusual soils conditions, when substantial evidence in the <br /> official record of the application supports all the following <br /> findings. <br /> a) That the alleged hardships or practical difficulties are unique <br /> and singular as regards to the property of the person requesting <br /> the variance and are not those suffered in common with other <br /> property similarly located. <br /> b) That the alleged hardships and practical difficulties, which <br /> will result from failure to grant the variance, extend to the <br /> inability to use the land in question for any-use in conformity <br /> with the provision of this ordinance and include substantially <br /> more than mere inconvenience and inability to attain a higher <br /> financial return. The alleged hardships cannot have resulted <br /> from the action or inaction of the applicant. <br /> c) That the variance, if allowed, will not substantially interfere <br /> with or injure the rights of others whose property would be <br /> affected by allowance of the variance. <br /> d) That the variance is in harmony with and serves the general <br /> intent and purpose of this ordinance and the adopted Compre- <br /> hensive Plan. <br /> e) That allowing the variance will result in substantial justice <br /> being done, considering both the public benefits intended to <br /> be secured by this ordinance and the individual hardships that <br /> will be suffered by a failure of the Hoard to'grant a variance. <br /> 2.3.5.2 All of these findings of fact shall be made in the indicated <br /> order by the Board of Adjustment, which is not empowered to grant <br /> a variance without an affirmative finding of fact on all five <br /> categories above. Each finding of fact shall be supported by <br /> substantial evidence in the record of proceedings before the <br /> Board. <br /> 2.3.5.3 The Board may impose reasonable conditions upon the granting <br /> of any variance to insure that the public health, safety, and <br /> general welfare shall be protected end substantial justice <br /> done, <br /> 2-11 <br />
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