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AG19901217
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AG19901217
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Last modified
3/28/2003 9:14:34 AM
Creation date
11/27/2017 12:06:07 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/17/1990
Board
Board of Commissioners
Meeting Type
Regular
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Commission actions, illcluding the enforcement of all conditions which may have <br /> been attached to the granting of a variance or approval of a conditiofial use, <br /> <br />8.4 Q~or~m ar~it .Vote <br /> Reuuired <br /> <br /> $.4-1 A quorum of the Commission, necessary to conduct any <br /> business of the Commission shall consist of five members. <br /> <br /> 8,4-~ The concurring vote of at least eighty percent of the <br /> members of tile comntission present for the hearing shall be necessary <br /> in order: <br /> <br /> A. to reverse any order, requirement, decision or determination of the <br /> Zoning Official; or <br /> <br /> B. to decide in favor of the applicant any matter upon which it is requirecl <br /> to pass by this ordinance when acting as a board of adjustment; or <br /> <br /> c. to effect any variation in this ordinance. <br /> <br /> D. to approve a change in non-conforming use. <br /> <br /> $. 4-~ A simple r~aJority vote of those present sl~all be necessary to conduct other <br /> business of the commission and to deny applications and appeals. <br /> <br />$.5 Application o~ the Variance Power <br /> <br /> 8.~-1 A variance may only be allowed by the Cabari-us County Planning and <br /> Zoning Commission in cases involving p~actical difficulties or unnecessary <br /> hardships when substantial evidence in the official record of the application <br /> supporta all the following findings: <br /> <br /> A. That the alleged hardships or practical difficulties are unique and <br /> singular as regards the property of the person requesting the variance and <br /> a~e not those suffered in common with other property similarly 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 allowance <br /> of the variance. <br /> <br /> D That the variance is in harmony with and serves the general intent and <br /> purpose of this ordinance and the adopted ComDrehensive Plan or portion <br /> thereof. <br /> <br /> E. That allowing the variance ~ result in substantial justice being done, <br /> considering both the public benefits intendecl to be secured by this <br /> <br /> <br />
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