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11/28/2001 Env Bd Packet
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11/28/2001 Env Bd Packet
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Environmental Board
Env Bd Document Type
Env Bd Packet
Meeting Date
11/28/2001
Env Bd Meeting Type
Regular
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RULE L <br />VARIANCES <br />1. VARIANCES AUTHORIZED. The Board of Managers may hear requests <br />for variances from the literal provisions of these rules in <br />instances when their strict enforcement would cause undue hardship <br />because of circumstances unique to the property under <br />consideration. The Board of Managers may grant variances where it <br />is demonstrated that such action will be in keeping with the spirit <br />and intent of these rules. <br />2. STANDARD. In order to grant a variance the Board of Managers <br />must determine that: <br />(a) Special conditions apply to the structure or land <br />under consideration that do not apply generally to other <br />land or structures in the District. <br />(b) Because of the unique conditions of the property <br />involved, . undue hardship to the applicant' would result, <br />as distinguished from mere inconvenience, if the strict <br />letter of the rules was carried out. Economic <br />considerations alone shall not constitute undue hardship <br />if any reasonable use of the property exists under the <br />terms of the District's rules. <br />(c) The proposed activity for which the variance is <br />sought will not adversely affect the public health, <br />safety, welfare, will not create extraordinary public <br />expense, will not adversely affect water quality, water <br />control, drainage in the District. <br />(d) The intent of the District's rules is met. <br />3. TERM. A variance shall expire one year after the date it is <br />granted, unless implemented by applicant within that one year <br />period. <br />4. VIOLATION. A violation of any condition set forth in a <br />variance shall be a violation of the District rules, and shall <br />automatically terminate the variance. <br />34 <br />
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