Laserfiche WebLink
4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br />~7 <br /> <br /> $ <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18: <br />19 <br />20 <br />21 <br />22 <br />§ 23 <br />~ 24 <br />25 <br />26 <br />Page <br /> <br />the provisions of the Zone Code are required. Applicant <br />must demonstrate that the proposal meets the criteria <br />contained in MCZ0 122.020 which states as follows. <br /> <br />(a) <br /> <br />That there are unnecessary, unreasonable hardships <br />or practical difficulties which can be relieved only <br />by modifying the literal requirements of the <br />ordinance; <br /> <br />(b) <br /> <br />That there are exceptional or extraordinary <br />circumstances or conditions applying to the land, <br />buildings, or use referred to in the application, <br />which circumstances or conditions do not apply <br />generally to land, buildings, or uses in the same <br />zone; however, nonconforming land, uses or <br />structures in the vicinity shall not in themselves <br />constitute such circumstances or conditions; <br /> <br />(c) <br /> <br />That granting the application will not be materially <br />detrimental to the public welfare or be injurious to <br />property or improvements in the neighborhood of the <br />premises; <br /> <br />(d) <br /> <br />That such variance is necessary for the preservation <br />and enjoyment of the substantial property rights of <br />the petitioner; <br /> <br />(e) <br /> <br />That the granting of the application will not, under <br />the circumstances of the particular case, adversely <br />affect the health or safety of persons working or <br />residing in the neighborhood of the property of the <br />applicant; and <br /> <br />(f)"That granting the application will be in general <br /> harmony with the intent and purpose of the zone code <br /> and will not adversely affect any officially adopted <br /> comprehensive plan. <br /> <br />Applicant contends that the unreasonable hardship is an <br />economic hardship related to his present unemployment <br />situation. He also cites that the exceptional or <br />extraordinary circumstances applying to the land and use <br />referred to in the application are the result of <br />adjacent uses in the trucking and construction <br />businesses and not residential or exclusive farm use <br />uses. Applicant has not addressed the criteria in <br />subsections (a) and (b) thereby as subsection (b) <br />requires that non-conforming land uses or structures in <br />the vicinity shall not in and of themselves constitute <br />such circumstances or conditions to justify a variance. <br />Additionally, applicant's economic hardship is not a <br /> <br />V 87-2/0RDER S <br /> <br /> <br />