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3/5/1975
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3/5/1975
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/05/1975
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2. A literal internretation of the.orovisions of this. ordinance <br />would deprive the applicant of rights commonly enjoyed by other <br />properties with similar conditions. <br />S. 'That the special conditions and circumstances <br />'from the actions of the'apnlicant. <br />4. That the grantino'of the variance requested will not confer on <br />the applicant any snecial nrivilege that is denied by this <br />ordinance to other lands, structures or required.subdivision <br />improvements under similar conditions. No pre-existing condi- <br />tions on neighboring lands which are contrary to the renulations <br />established in this ordinance shall be cnnsidered.nrounds for <br />the issuance of a variance. • <br />S. That Board shall make findings that•the requirements of this <br />section have been met. <br />•i. The Board shall further make a' finding that the reasons set <br />forth in the application Justify the granting of the•variance, and that the variance is the minimum•variance that would make. <br />Possible the'reasonable use of the land, building or other <br />improvements. <br />7. The Board shall make a further finding that the grantinn of the <br />• variance would be in harmony with the neneral purpose and intent <br />of this ordinance and will not be injurious to the surrnundinn <br />territory, or otherwise detrimental to the public welfare. <br />In granting any variance the Board may prescribe anpronriate - <br />conditions and safeguard in conformity with this ordinance. <br />Violation of such conditions and safeouards when made a part of <br />the terms under which the variance is granted shall be deemed <br />a violation of this ordinance and.Chapter 177, Florida Statutes. <br />do not result <br />SECTION 10.. ENFORCEMENT AND PENALTIES <br />The Board or any aggrieved person may have recourse to such remedies <br />in law and equity as may be necessary' to insure compliance with the <br />provisionsof this ordinance including injunctive relief to enjoin <br />and restrain any person violation the provisions of this ordinance <br />and any rules and regulations adopted under this ordinance and the <br />court shall, upon proof of the viol-ation of the ordinance have the <br />duty to forthwith issue such temporary and permanent injunctions as <br />are necessary to prevent the violation of the .ordinance. <br />Any person violating the provisions of this ordinance or who shall <br />fail to abide by and obey all renulations and orders adopted herein <br />shall be guilty of a misdemeanor. Each day that the violation shall <br />Continue shall constitute a separate violation. <br />SECTION 11. LEGAL STATUS <br />1. Saving Clause <br />If any section, part of a section, naraoranh, sentence, clause, <br />phrase or word of this ordinance is for any reason held or <br />declared to be unconstitutional, inoperative or void, such <br />:holding or invalidity shall not affect the remaining portions <br />.of this ordinance without such unconstitutional, invalid, or <br />• inoperative Dart therein, and the remainder of this ordinance <br />after the exclusion of such part or parts, shall be deemed to <br />be held valid as if such part or parts had not been included <br />therein, or if this ordinance or anv of the provisions thereof, <br />shall be held inapplicable to any person. groups of persons, <br />property, kind of property, circumstances, or set of circum- <br />stances, such holding shall not affect the apnlicability hereof <br />to any other person, property or circumstances. <br />AR, 9 1975 <br />v <br />BB "PAG:ELI <br />
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