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not be contrary to the public interest, pursuant to the <br />procedures and requirements of the Variance Section of the <br />land development regulations, Section 902.09. <br />Section 902.09 Variances <br />(1) Purpose and Intent <br />This section is established to provide procedures for <br />reviewing variances by the Board of Adjustment. A variance <br />runs with the land and is a departure from the dimensional or <br />numerical or other technical requirements of the land <br />development regulations where such variance will not be <br />contrary to the public interest and where owing to conditions <br />peculiar to the property and not the result of the actions of <br />the applicant or his predecessors in title, a literal <br />enforcement of the land development regulations would result <br />in an unnecessary and undue hardship. <br />(2) Approving Authority <br />(3) <br />The Board of Adjustment is hereby authorized to grant <br />variances in accordance with the provisions of this section <br />and can attach conditions to variances granted. <br />Type of Variance to be Allowed <br />The Board of Adjustment shall have the authority to grant the <br />following variances: <br />(a) A variance from the yard area requirements of any zoning <br />district where there are unusual and practical <br />difficulties in carrying out these provisions due to an <br />irregular shape of the lot, topography, or other <br />conditions, provided such variation will not seriously <br />impact any adjoining property or the general welfare. <br />(b) Other technical variances that occur when an owner or <br />authorized agent can show that a strict application of <br />the terms of the land development regulations relating <br />to the use of the land will impose unusual and unique <br />difficulties, but not loss of monetary value alone. <br />(c) De -Minimus Setback Variance. A de -minimus setback <br />variance can be granted automatically at the staff level, <br />under certain circumstances, without Board approval. <br />This applies in the following circumstances where the <br />setback variance: <br />1. is for a structure properly permitted where no form- <br />board survey was required; <br />2. is for 0.5' or less from the setback required at the <br />time the structure was constructed or erected on <br />the site; and <br />96 <br />