§ 9.04.03. Criteria for Variances

Findings. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination:

A.

There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure , or building involved.

B.

There are special conditions and circumstances which do not result from the action of the applicant , such as pre-existing conditions relative to the property which is the subject of the variance request.

C.

A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant .

D.

The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building , or structure and which promote standards of health, safety, or welfare.

E.

Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings , or structures in the same zoning district.

F.

Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

G.

There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc.

H.

Granting the variance will be consistent with the GMP.

(Ord. No. 05-27, § 3.QQ)