Variances
For a variance to be granted, the Zoning Board of Adjustments must find that the following conditions must be met:
1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of the Ordinance would deprive the applicant of the intended use of his/her land;
2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property with the area; and. That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Ordiance.
NOTE: A variance or special exception shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance or special exception may be granted which results in undue hardship upon another parcel of land.
In addition to the application and fee, the applicant requesting a variance must submit with their application, responses to the following questions.
1. What regulation are you seeking a variance from?
2. What special circumstances affect your property that are generally not seen in other areas in the same zoning district?
3. How would a strict interpretation of the regulation deprive you of a reasonable use of your land?
4. Can the intended use be made of the property without a variance?
5. How would a strict interpretation of the requlation deprive you of a substantial property right?
6. Will a variance impair the health, safety or general welfare of neighboring properties?
7. Will a variance prevent neighboring property owners of the reasonable use of their land?
After review by The City of Tool staff and a complete application, the applicant will be notified, and the request will be placed on the next eligible Zoning Board of Adjustment and City Council agenda.