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Variance Criteria
Criteria for Granting a Variance, Findings Required
The Board of Adjustment shall prescribe only conditions that it deems not prejudicial to the public interest, and shall enumerate its decision with findings of fact. In making the required findings, the Board of Adjustment shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the possibility that a nuisance may be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board of Adjustment finds all of the following:
A. Extraordinary Conditions
That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of a reasonable use of the land. For example, a variance might be justified because of topographic, or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.
B. Preservation of a Substantial Property Right
That the variance is necessary for the preservation of a substantial property right of the applicant.
C. Substantial Detriment
That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this Code.
D. Other Property
That the conditions that create the need for the variance do not generally apply to other property in the vicinity.
E. Applicant’s Actions
The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property.
F. Future Land Use Plan
That the granting of the variance would not substantially conflict with the Future Land Use Plan and the purposes of this Ordinance.
G. Utilization
That because of the conditions that create the need for the variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.
The following types of possible findings alone do not constitute sufficient grounds for granting a variance:
A. That the property cannot be used for its highest and best use.
B. That there is only a financial or economic hardship.
C. That there is a self-created hardship by the property owner or its agent.
D. That the development objectives of the property owner are or will be frustrated.
E. The fact that property may be utilized more profitably should a variance be granted.
The Board of Adjustment shall prescribe only conditions that it deems not prejudicial to the public interest, and shall enumerate its decision with findings of fact. In making the required findings, the Board of Adjustment shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the possibility that a nuisance may be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board of Adjustment finds all of the following:
A. Extraordinary Conditions
That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of a reasonable use of the land. For example, a variance might be justified because of topographic, or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.
B. Preservation of a Substantial Property Right
That the variance is necessary for the preservation of a substantial property right of the applicant.
C. Substantial Detriment
That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this Code.
D. Other Property
That the conditions that create the need for the variance do not generally apply to other property in the vicinity.
E. Applicant’s Actions
The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property.
F. Future Land Use Plan
That the granting of the variance would not substantially conflict with the Future Land Use Plan and the purposes of this Ordinance.
G. Utilization
That because of the conditions that create the need for the variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.
Insufficient Findings
The following types of possible findings alone do not constitute sufficient grounds for granting a variance:
A. That the property cannot be used for its highest and best use.
B. That there is only a financial or economic hardship.
C. That there is a self-created hardship by the property owner or its agent.
D. That the development objectives of the property owner are or will be frustrated.
E. The fact that property may be utilized more profitably should a variance be granted.