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AG 2005 12 19
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AG 2005 12 19
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Last modified
3/3/2006 8:34:20 AM
Creation date
11/27/2017 11:36:48 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/19/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br />. Chapter Twelve Administration and Enforcement <br /> <br />and are not those suffered in common with other property similarly <br />located. <br /> <br />B. That the alleged hardships and practical difficulties, which will result <br />from failure to grant the variance, extend to the inability to use the land <br />in question for any use in conformity with the provision of this ordinance <br />and include substantially more than mere inconvenience and inability to <br />attain a higher financial return. <br /> <br />C. That the variance, if allowed, will not substantially interfere with or <br />injure the rights of others whose property would be affected by <br />allowance of the variance. <br /> <br />D. That the variance is in harmony with and serves the general intent <br />and purpose of this ordinance and the adopted Comprehensive Plan or <br />portion thereof. <br /> <br />E. That allowing the variance will result in substantial justice being done, <br />considering both the public benefits intended to be secured by this <br />ordinance and the individual hardships that will be suffered by a failure <br />of the Board to grant a variance. <br /> <br />All of these findings of fact shall be made in the indicated order by the <br />Commission, which is not empowered to grant a variance without an affirmative <br />finding of fact on all five categories above. Each finding of fact shall be supported <br />by substantial evidence in the record of proceeding before the Commission. <br /> <br />The Commission may impose reasonable conditions upon the granting of <br />any variance to insure that the public health, safety, and general welfare shall be <br />protected and substantial justice done. Violation of such conditions shall be a <br />violation of this ordinance. <br /> <br />Section 12-21. Application of conditional use power. <br /> <br />1) The Commission in applying the conditional use power shall follow the <br />standards contained in Chapter Eight, Conditional Uses, as well as its rules of <br />procedure. Before any application for a conditional use shall be approved, the <br />Commission shall make written findings certifying compliance with the specific <br />standards governing each individual conditional use and the General Standards <br />contained in Chapter Eight are met. The Commission shall make appropriate <br />findings, supported by evidence in its record, on each standard. <br /> <br />15 <br /> <br />)4- ';,). (c) <br />
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