FINAL ORDINANCE NO. 08-047 - Laserfiche WebLink

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Ordinance 08-048 Council: 715111 requirements deemed necessary to ensure compliance with the terms of the variance. (5) Board of Adiustment Action. The Board of Adiustment shall receive the reconunendation of the Planning Commission and shall take final action on the variance request. (E) Required Findings. Anv action taken by the Board of Adiustment to approve or deny a variance request shall include the following findings: (1) Practical Difficulties. A variance to the provision of this chapter maybe granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chanter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. i. Definition ofpractical difficulties. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. (2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner (3) Character oflocality. The proposed variance will not alter the essential character of the locality in which the property in question is located. (4) Adiacent proverties and traffic. The proposed variance will not impair an adequate supply of light and air to property adiacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. (F) Conditions The Board of Adiustment may impose such restrictions, conditions and mitigating requirements upon the propertv that is the subject of the variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. (G) Effect ofdenial No application by property owner for a variance shall be submitted to the Board of Adjustment within a six (6) month period following a denial of such a request unless. in the opinion of the Board, new evidence of change in circumstances warrant it.