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3. That granting the variance requested will not confer <br />on the applicant any special privilege that is <br />denied by the regulation to other lands, buildings, <br />or structures in the same zoning district. <br />4. That literal interpretation of the provisions of the <br />regulations would deprive the applicant of rights <br />commonly enjoyed by other properties in the same <br />zoning district under the terms of the regulations <br />and would constitute an unnecessary and undue <br />hardship upon the applicant. <br />5. That the variance granted is the minimum necessary <br />in order to make possible the reasonable use of the <br />land, building, or structure. <br />6. That the granting of the variance will be in harmony <br />with the general purpose and intent of the land <br />development regulations, and the Indian River County <br />Comprehensive Plan. <br />7. That such variance will not be injurious to the <br />surrounding area or otherwise be detrimental to <br />public welfare. <br />8. That the property cannot be put to a reasonable use <br />in a manner which fully complies with the <br />requirements of these land development regulations. <br />(b) The following regulations also apply to the authorization <br />of a variance: <br />1. No non -conforming use of neighboring lands, <br />structures, or buildings in the same zoning district <br />and non -permitted use of lands, structures, or <br />buildings in other zoning districts shall be <br />considered grounds for the authorization of a <br />variance. <br />2. No application or request may be reheard or <br />reconsidered unless otherwise directed by a court <br />of competent jurisdiction, or unless new <br />circumstances or information can be presented with <br />a new application. <br />(c) In granting any variance, the Board of Adjustment may <br />make the authorization of the variance conditional upon <br />such alternate and additional restrictions, stipulations <br />and safeguards as it may deem necessary to ensure <br />compliance with the purpose and intent of this chapter <br />and consistency with the Indian River County <br />Comprehensive Plan. Violation of such conditions, when <br />made a part of the terms under which the variance is <br />granted, shall be deemed a violation of this chapter. <br />99 <br />