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RULE L <br />VARIANCES <br />1. VARIANCES AUTHORIZED. The Board of Managers may hear requests for variances <br />from the literal provisions of these rules in instances when their strict enforcement would cause <br />undue hardship because of circumstances unique to the property under consideration. The Board <br />of Managers may grant variances where it is demonstrated that such action will be in keeping with <br />the spirit and intent of these rules. Such a request must be addressed to the Board of Managers <br />as part of a permit application and must address the four standards for variance consideration <br />listed below. <br />2. STANDARD. In order to grant a variance the Board of Managers must determine that: <br />(a) Special conditions apply to the structure or land under consideration that do not <br />apply generally to other land or structures in the District. <br />(b) Because of the unique conditions of the property involved, undue hardship to the <br />applicant would result, as distinguished from mere inconvenience, if the strict letter of the <br />rules was carried out. Economic considerations alone shall not constitute undue hardship if <br />any reasonable use of the property exists under the terms of the District's rules. <br />(c) The proposed activity for which the variance is sought will not adversely affect the <br />public health, safety, welfare, will not create extraordinary public expense, will not adversely <br />affect water quality, water control, drainage in the District. <br />(d) The intent of the District's rules is met <br />3. TERM. A variance shall expire on expiration of the CAPROC approval or permit associated <br />with the variance request <br />4. VIOLATION. A violation of any condition set forth in a variance shall be a violation of the <br />District rules, and shall automatically terminate the variance. <br />DRAFT DOCUMENT <br />26 <br />• <br />• <br />• <br />