Ordinance 3572 - Laserfiche WebLink

• • requireaent, decision, or determination relating thereto; and the findings ¶.n • oath case, and to that end it shall hove all of the powers of the Building Inspector. F. JURISDICTION - VhRI1,NCES: The Board nay authorize variances in specific cases from the provisions or requirements of this Ordinance as will not be contrary to the public interest; but only where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Ordinance would cause undue and unneccessary hardship. No such variance in the provisions or requirements of this Ordinance shall bo authorized by the Board unless the Beard finds that all the following facts and conditions exist: a. That there arc exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof, that do not apply generally to other properties in the sane vicinity or zone. b. That such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of other properties in the sane vicinity or zone. c. That the authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located. d. That the granting of such variance will not adversely affect the comprehen- sive general plan. In authorizing a variance, the Board may attach thereto such conditions regard- ing the location, character and other features of the proposed structures or use as it nay deem necessary to carry out the spirit and purposes of this Ordinance and in the public interest, provided however, that a variance so authorized shall become void after the expiration of one year if no substantial construction has taken place in accordance with the plans for which such variance was authorized. G. BOLRD'S FINDINGS: In making its findings, the Board shall investigate the appellant' s request in relation to the provisions of this Ordinance; the present land utilization pattern and density of building within the neighborhood area of the appellant's land; conditions existing or predating this ordinance concerning topography, traffic, automobile parking, and utilities; and such other information as is set forth in official naps, development plans, reports and findings of the Planning Commission. The Board shall adopt for its record such policies as can reasonably be developed for its own guidance in dealing with the more common types of request for adjustment. A H. TIE DECISION EFFECTIVE: The decision cf the Board, granting or denying a variance, shall not become final until the expiration of five days from the date of entry of such decision in the official records of the Board, unless the Board shall find that the making of the decision effective immediately is necessary for the preservation of property or personal rights, and shall so certify in the record of the request for special exception; and if a building permit and/or occupancy permit is not obtained by the appellant within ono year from the date of the Board's decision, the Board's decision shall cease to be effective. The decision of the Board shall be final, subject to review by the superior court.