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1992 BOA Case Files
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1992 BOA Case Files
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1992 BOA Case Files
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Last modified
9/27/2023 12:12:54 PM
Creation date
1/20/2021 4:38:31 PM
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Template:
CITYWIDE
Doc Type
Variance
Record Series Code
65.060
Record Series Name
Variance and Exemption Case Files
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Ross: Well, it's pointing that way. <br />Sears: Does anybody have anything else for Mr. Campbell? <br />Campbell: I wasn't sure how long he took with his presentation, but I tried not to <br />take any longer than he did. <br />Sears: How much longer do you figure it might be? <br />Campbell: I'd just like to go through the material I have, 15 to 20 minutes maybe. <br />Sears: It depends, too, on how pertinent this is. Maybe if you could highlight your <br />opposition and put it in a nutshell for us. I've got a list going so far. Just give me <br />the highlights. <br />Campbell: I'm not sure I could make a fair presentation to you if that is what you <br />are requesting. You wouldn't be giving me enough time to do that. <br />Sears: I am asking for a brief synopsis of each objection. How many objections do <br />you have? <br />Campbell: I'd like to address the criteria. The No. 1 criteria deals with hardship. <br />"An application for a variance from a zoning ordinance must establish that the <br />present zoning restriction burdens the property with unnecessary hardship, not an <br />economic hardship, unique to the property which must be shown to establish that <br />physical characteristics of the property must be such that it could not be used for <br />any permitted purpose, and to be so used only at prohibitive expense or by proving <br />that the characteristics of the area are such that the property has no value, or only <br />to stress value for any permitted purpose." It deals with hardship as it relates to <br />State statute. "In order to establish unnecessary hardship, an applicant must prove <br />that the property cannot be used for the construction of the building within the <br />bounds of the zoning ordinance. The landowner must also show that without the <br />variance the property is rendered practically valueless." The statute uses the term <br />"unnecessary hardship." "Where there are practical difficulties for unnecessary <br />hardships in the way of carrying out the strict letter of such ordinance, the Board <br />of Adjustment shall have the power in passing upon appeals to vary or modify the <br />application of regulations or provisions of such ordinance relating to use, <br />construction, and alteration of buildings and structures for the use of land so that <br />the spirit of the ordinances observed public safety and welfare, security, and <br />substantial justice done." That was the phrase that deals with unnecessary hardship. <br />Sears: The way that struck me was it was more dealing with change of use on a <br />particular site and application in that regard. Is that the way it sounded to you too? <br />Tillquist: Yes, it struck me that way too. Do you have a copy of that? <br />7 <br />
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