2022/09/16 - LAND USE - VAR - Land Use Variance - VAR-22-10

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it ,• • 3. No Harm to Public Interests(Item 3 to be completed by the applicant) A variance may not be granted which results in harm to public interests. In applying this test,the BOA must consider the impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors,the entire community,and the general public. These interests are listed as objectives in the purpose statement of our ordinance and may include: • Public health,safety,and welfare • Water quality • Fish and wildlife habitat • Natural scenic beauty • Minimization of property damages • Provision of efficient public facilities and utilities • Achievement of eventual compliance for nonconforming uses,structures,and lot • Any other public interest issues When determining whether a harm to public interest exists,the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving no harm to public interest. Explain how no harm to public interest exists: Adding structure to existing cabin does not infringe on neighbors property and meets required sideline setbacks. No shoreline alterations required (unless required by BOA restoration) Burnett County Ordinance purpose(to be completed by BOA members): Purpose(s)of standard from which variance is requested(to he completed by BOA members): Note:While Wisconsin Statutes do not specifically prohibit use variances, there are a number of practical reasons why they are not advisable: • Unnecessary hardship must be established in order to qualify for a variance. This means that without the variance, no reasonable use can be made of the property. • Many applications for use variances are in fact administrative appeals. Often the BOA is asked to determine whether a proposed use is included within the meaning of a particular permitted or conditional use or whether it is sufficiently distinct as to exclude it from the ordinance language. Such a decision is not a use variance but an appeal of the administrator's interpretation of ordinance text. • Zoning amendments are a more comprehensive approach than use variances. Elected officials consider the larger land area to avoid piecemeal decisions that may lead to conflict between adjacent incompatible uses or may undermine land use/comprehensive plan and ordinance objectives. Towns have meaningful input(veto power)for zoning amendments to general zoning ordinances. o Zoning map amendments can change zoning district boundaries so as to allow uses provided in other zoning districts. o Zoning text amendments can add(or delete)permitted or conditional uses allowed in each zoning district. Page 6 of 9 Burnett County, WI Variance Application—Rev 1/2019