2015/08/12 - LAND USE - VAR - Other

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VAR-15-11: Lake July 28,2015 Possible items to resolve/address: - Concerns brought before the committee from other parties(neighbors, public,Town of Trade Lake, state agencies,other county departments,etc). Three Step Variance Test: To qualify for a variance,the applicant must demonstrate that their property meets the following three requirements. 1- Unique property limitations—Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant(growing family, need for a large garage,etc) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors do not provide a basis for granting a variance. Property limitations that prevent ordinance compliance and are common to a number of properties should be addressed by amending the ordinance. 2- No Harm to Public Interests—A variance may not be granted which results in harm to public interests. In applying this test,the Committee 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 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 3- Unnecessary hardship—An applicant may not claim unnecessary hardship because of conditions which are self-imposed or created by a prior owner(for example:excavating a pond on a vacant lot and then arguing that there is no suitable location for a home). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists,the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. • For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose(leaving the property owner without any use that is permitted for the property)or would render conformity with such restrictions unnecessarily burdensome. The Committee must consider the purpose of the zoning restriction,the zoning restriction's effect on the property,and the short-term, long-term and cumulative effects of a variance on the neighborhood,the community and on the public interests. Page 2 of 3