Petition for variance: Notice
- determination of board
1.Any land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardship in the way of the petitioner’s carrying out upon his or her lands the strict letter of the land use regulations prescribed by ordinance approved by the Commission, and praying the board of adjustment to authorize a variance from the terms of the land use regulations in the application of such regulations to the lands occupied by the petitioner.
2.Copies of such petition shall be served by the petitioner upon the Chair of the State Conservation Commission.
3.The board of adjustment shall fix a time for the hearing of the petition and cause due notice of such hearing to be given.
4.The supervisors of the district or districts and the State Conservation Commission shall have the right to appear and be heard at the hearing.
5.Any occupier of lands lying within the district who shall object to the authorizing of the variance prayed for may intervene and become a party to the proceedings. Any party to the hearing before the board of adjustment may appear in person, by agent or by attorney.
6.If, upon the facts presented at the hearing, the board of adjustment shall determine that there are great practical difficulties or unnecessary hardship in the way of applying the strict letter of any of the land use regulations upon the lands of the petitioner, the board shall make and record such determination and shall make and record findings of fact as to the specific conditions which establish such great practical difficulties or unnecessary hardship.
7.Upon the basis of such findings and determination, the board shall have power by order to authorize such variance from the terms of the land use regulations, in their application to the lands of the petitioner, as will relieve such great practical difficulties or unnecessary hardship and will not be contrary to the public interest, and so that the spirit of the land use regulations shall be observed, the public health, safety and welfare secured, and substantial justice done.
Section 548.505 — Petition for variance: Notice; hearing; determination of board; order.,