2020/01/06 - LAND USE - VAR - Land Use Variance - VAR-19-10

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Burnett County, WI LAND USE VARIANCE APPLICATION, EXPLANATION, & REQUIREMENTS A variance is a relaxation of a standard in a land use ordinance. Variances are decided by the Board of Adjustment/Appeals (BOA). The BOA is a quasi-judicial body because it functions almost like a court. The BOA's job is not to compromise ordinance provisions for a property owner's convenience,but is to apply legal criteria provided in state laws, court decisions, and the local ordinance to a specific-fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. PROCESS (NOTE: PLEASE READ ENTIRE APPLICATION BEFORE PROCEEDING) At the time of application you will be asked to: 1. Complete and return pages 2-9 of the application form and the required $500.00 fee. The fee is non-refundable regardless of approval or denial; and 2. Provide detailed plans describing your project AND a current survey(by a WI-licensed surveyor) showing the existing and proposed improvements.Preliminary surveys will not be accepted; the survey must meet all statutory requirements and be filed/recorded with the County. Required items are to be shown by the surveyor on their map,not sketched on a map by applicant; and 3. Provide written statements of verifiable facts showing that your project meets the legal criteria for a variance(See `Three Step Test'in Part B of the application); and 4. Stake out lot corners and lines, the proposed building/improvement footprint, and all other features of your property so that the BOA may inspect the site. This shall be done by your surveyor. When all 4 above items are complete and submitted to the Land Services Department, the Land Services Department will publish notice of your request for a variance in the County's official newspaper noting the location and time of the required public hearing before the BOA. Your neighbors and any affected state agency will also be notified. The burden will be on you, as property owner, to provide information upon which the BOA may base its decision. At the hearing,any party may appear in-person or may be represented by an agent or attorney. You or your agent must convince the BOA to make a ruling in your favor. The BOA must make its decision based only on the evidence submitted to it at the time of hearing. Unless you or your agent is present, the BOA may not have sufficient evidence to rule in your favor thus resulting in the denial of your application. In order to appear on the following month's BOA hearing agenda, the complete application with required fee (including all 4 above items) is due by the first Friday of the month. Example: an application submitted Thursday April 2"d would be heard by the BOA on the first Monday in May. BOA hearings are only held during the months of April—December on the first Monday of the month at 7:00 pm at the Burnett County Government Center in Siren, WI. No BOA hearings will be held during the months of January—March as usual winter conditions may not allow BOA members to see all site conditions. Page 1 of 9 Burnett County, WI Variance Application—Rev 1/2019