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1990-16
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1990-16
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Last modified
1/7/2021 10:58:00 AM
Creation date
10/5/2015 9:10:10 AM
Metadata
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Template:
Ordinances
Ordinance Number
90-16
Adopted Date
09/11/1990
Ordinance Type
LDR Title IX
State Filed Date
09\11\1990
Entity Name
Title IX Land Development Regulations
Subject
Land Development Regulations
Supplemental fields
SmeadsoftID
10115
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2. The nature and extent of the variance sought; an <br />explanation why it is necessary; and the basis for <br />the variance under Section 902.09(3)(a) or (b). <br />3. The grounds relied upon to justify the proposed <br />variance. <br />4. A legal description of the property, a copy of the <br />warranty deed for the property, and a detailed plot <br />plan of the property. <br />(c) On all proceedings held before the Board of Adjustment, <br />the staff of the Planning Division shall review the <br />application and file a recommendation on each item. Such <br />recommendation shall be transmitted to the Board of <br />Adjustment prior to final action on any item before the <br />Board of Adjustment, and shall be part of the record of <br />the application. <br />(d) Notice of the variance, in writing, shall be mailed by <br />the Planning Division to the owners of all land which <br />abuts the property upon which a variance is sought, at <br />least seven (7) days prior to the hearing. The property <br />appraiser's address for said owners shall be used in <br />sending all such notices. The notice shall contain the <br />name of the applicant for the variance, a description of <br />the land sufficient to identify it, a description of the <br />variance requested, as well as the date, time and place <br />of the hearing. <br />(6) Review by the Board of Adjustment <br />(a) In order to authorize any variance from the terms of <br />these land development regulations, the Board of <br />Adjustment shall determine that the application for <br />variance is complete, that the public hearing has been <br />held with the required notice and that the opportunity <br />has been given for the aggrieved parties to appear and <br />be heard in person or be represented by an attorney at <br />law, or other authorized representatives. The Board of <br />Adjustment shall also find that all of the following <br />facts exist before granting a variance: <br />1. That special conditions and circumstances exist <br />which are peculiar to the land, structure, or <br />building involved, and which are not applicable to <br />other lands, structures, or buildings in the same <br />zoning district. <br />2. That the special conditions and circumstances do not <br />result from the actions of the applicant or illegal <br />acts of previous property owners. <br />98 <br />
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