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3. Denial C 1 vanamee if• least a (1) finding e f C in Seetion 504(H) is Fund i the
The eoneUFFent vote of f9ur- fifths (Q5) of the voting members of the BoaFd of
is gFanted, shall be deenied a s-iela;ien ef this QFEknanee and shall be punishable as pFesefibed in Seetien 104
afthis PfAinee
I. Before the Board of Adjustment may approve grant a miner variance enly after eaeh e€ it shall make the
following three findings, are which shall be recorded in the permanent record of
the case, and shall include the factual reasons on which they are based:
1. There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of
the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the
Board of Adjustment must find that the five following conditions exist:
A. If the applicant complies with the provisions of the Ordinance, he can secure no reasonable
return from, nor make reasonable use of, his property. Merely proving that the variance
would permit a greater profit to be trade from the property will not be considered adequate
to justify the Board in granting a variance. Moreover, the Board shall consider whether
the variance is the minimum possible deviation from the terms of the Ordinance that
will make possible the reasonable use of his property.
B. The hardship results from the application of the Ordinance to the property rather than from
other factors such as deed restrictions or other hardship.
C. The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
D. The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance, or who purchases the property after the effective date
of the Ordinance, and then comes to the Board for relief.
E. The hardship is peculiar to the applicant's property, rather than the result of conditions that
are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others, and
would not promote equal justice.
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