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.. . ____ .._. - � . _. 1�.. .. . ti . <br /> . • I 1 <br /> � , 1 <br /> I <br /> li <br /> � 2 � INDEX i <br /> � <br /> 3 <br /> 4 <br /> 5 <br /> � s , page 1 <br /> I, Background <br /> ; 7 2 <br /> � II, Propriety of Review <br /> ;+ a 3 <br /> 43 <br /> �i III, The Board' s Decision granting <br /> � 9 a variance is invalid beonformance <br /> the hearing was not in <br /> 10 with Cpen Pulilic Meetings Act ' <br /> ;' and a verbatim record was not kept. 7 1 <br /> � 11 ustment exceeded <br /> Ip, The IIoard' of �a7 <br /> its authority in issuing the variance <br /> 12 where the standards prescribed in the <br /> or3inance authorizing such are not met. <br /> 13 <br /> V, The BoPrd of Adjuswithoutcconsideratio y 9 <br /> 14 and ca riciously, and in <br /> and in disregard of the fa=antiny a <br /> 15 an untra vires manner by g <br /> .variance without evidenceeYtainetoethea <br /> • 16 that special conditions P �^ hard- <br /> ' property such that an unnece��ary <br /> 17 ship would result fa=kinaerequirementt <br /> • of the off-street p <br /> � 18 <br /> c <br /> � , The Board of Adjustment acted arbitrarily 10 <br /> 19 and capriciously. �d in an ultra vires' <br /> manner by granting' a variance based upon <br /> 20 unnecessary hardship where such alleaed <br /> hardship was the mere financial loss upon <br /> 21 the applicant, and where such hardship <br /> was self-imposed. <br /> 22 uasi- 13 <br /> .rli, The IIoard o£ Adjustment, being a 4 <br /> 23 judicial body, must make findings of � <br /> fact articnl��t�usttlegalscor:clr�l�ss in <br /> 24 decision, <br /> tbe words �of the ordinance its=ana capricious <br /> 25 to do so constitutes e!rbiti�ry . <br /> ` and ul�.za virs conduct. <br /> 26 <br /> 27 <br /> 28 <br />