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In writing your justification for a variance request, you should carefully consider the following. Section 10-55(1)(g) states that the Board of Zoning Appeals shall base its required findings upon the particular evidence presented to it in each specific case where the property owner can show that:
A. The strict application of the terms of this Ordinance would effectively prohibit or unreasonably restrict the utilization of the property because of:
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The exceptional narrowness, shallowness, size, or shape of the property at the time of the effective date of the Zoning Ordinance, as amended; or
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The exceptional topographic conditions or other extraordinary situations or condition of the property; or
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The condition, situation, or development of the property immediately adjacent thereto
B. The granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.
C. The property was acquired in good faith.
D. Satisfactory evidence exists to support all of the following findings from Section 10-55(1)(e)
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The strict application of this Ordinance would produce undue hardship to the property owner;
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Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
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Such variance is not contrary to the public interest nor to the intended spirit and purpose of this Ordinance;
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The granting of such variance will not be a substantial detriment to adjacent properties nor change the character of the zoning district in which the property is located;
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Such variance would result in substantial justice being done; and
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The condition or situation of the property which gives rise to the need for such variance is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this Ordinance.
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