Laserfiche WebLink
Do unique physical characteristics of your property prevent compliance with the ordinance? (Applicant, check <br />YES or NO below) <br />)( YES. These items must be shown on the survey map as part of the application. <br />❑ NO. A variance cannot be granted. <br />2. Unnecessary hardship (Item 2 to be completed by the applicant) <br />Courts have determined an applicant may not claim unnecessary hardship where conditions were self-imposed or <br />created by a prior owner. <br />Examples ofself-imposed/created issues in which a variance should NOT be Qranted <br />a. Excavating a pond on a vacant lot and then arguing that there is no suitable location for a home <br />b. Constructing a sanitary system in a specific location and then arguing that there is no suitable location for a <br />home or a garage <br />c. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so <br />the structure doesn't have to be modified to make it conforming <br />Courts have also determined that economic or financial hardship does not justify a variance. <br />Examples ofeconomie or financial hardship in which a variance should NOT be granted <br />a. Grading and retaining walls can be used to make a conforming location for the structure, but it would be more <br />expensive than using a location requiring a variance <br />b. Constructing a building incorrectly or not in the correct location and then arguing that a variance is needed so <br />that costly modification doesn't have to be done to the structure <br />When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion <br />of the parcel. The property owner bears the burden of proving unnecessary hardship. List the unnecessary <br />hardship(s): <br />The rewired wetland and road setbacks overlap on this parcel which essentially means <br />no structures can be legally built on this property without this variance. <br />For an area variance, unnecessary hardship exists when compliance would unreasonably prevent the owner <br />from using the property for a permitted purpose (leaving the property owner without any use that is <br />permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. <br />The BOA must consider the purpose of the zoning restriction, the zoning restriction's effect on the <br />property, and the short-term, long-term, and cumulative effects of a variance on the neighborhood, the <br />community, and the public interests. This standard reflects the new Ziervogel and Waushara County <br />decisions. <br />• For a use variance, unnecessary hardship exists only if the property owner shows that they would have no <br />reasonable use of the property without a variance. <br />Is unnecessary hardship present? <br />(Applicant, check YES or NO below) <br />)( YES. See enclosed letter <br />❑ NO. A variance cannot be granted. <br />Page 5 of 9 <br />Burnett County, WI Variance Application — Rev 1/2017 <br />