- Jun 5, 2000
- 36,410
- 616
- 126
I want to build a garage, in fact put a second story on it for storage/music room for the kids to practice their horns and drums. So in talking with the town manager the setback distance is from my property line and its fricken 20 feet! The thing is there is 20' feet of DIRT from my fence out to the road and i want to build right on my property line and make the driveway out to the road.
so now if i really want to do this i have to make a package by Dec 17th board of adjustments meeting and have all drawing of the garage, my property and all buildings on my property. Plus pay 50 bucks for the administrative cost for a public hearing and all related publications. The package has to explain why its a hardship and the board had to approve said hardship before i can build.
It just chaps my ass that the town can tell me i can only build 20 feet away from my property line. its my property and not a fucking easement.
c. A variance may be granted by the board of adjustment by a concurring vote of at least three (3) members if it concludes that strict enforcement of this chapter would result in practical diffi¬culties or unnecessary hardships for the applicant and that, by granting the vari¬ance, the spirit of this chapter will be observed, public safety and welfare secured and substantial justice done. It may reach these conclusions if it finds that:
i. If the applicant complies strictly with the provisions of this chapter, the result is that there is no reasonable use of the property;
ii. The hardship of which the applicant complains is one (1) suffered by the applicant alone and not by neighbors or the general public;
iii. The hardship relates to the applicant's land, rather than personal circumstances;
iv. The hardship is unique and unusual, or nearly so, rather than one (1) shared by many surrounding properties;
v. The hardship is not the result of the applicant's own actions;
vi. The variance requested is the minimum that will afford relief and the least possible modification of the requirements of this chapter;
vii. The variance will neither result in the extension of a noncon¬forming situation in violation of
Section 16-67, nor authorize the ini¬tiation of a nonconforming use of land, nor conflict with the goals and policies of the comprehensive plan and the Land Development Code;
so now if i really want to do this i have to make a package by Dec 17th board of adjustments meeting and have all drawing of the garage, my property and all buildings on my property. Plus pay 50 bucks for the administrative cost for a public hearing and all related publications. The package has to explain why its a hardship and the board had to approve said hardship before i can build.
It just chaps my ass that the town can tell me i can only build 20 feet away from my property line. its my property and not a fucking easement.
c. A variance may be granted by the board of adjustment by a concurring vote of at least three (3) members if it concludes that strict enforcement of this chapter would result in practical diffi¬culties or unnecessary hardships for the applicant and that, by granting the vari¬ance, the spirit of this chapter will be observed, public safety and welfare secured and substantial justice done. It may reach these conclusions if it finds that:
i. If the applicant complies strictly with the provisions of this chapter, the result is that there is no reasonable use of the property;
ii. The hardship of which the applicant complains is one (1) suffered by the applicant alone and not by neighbors or the general public;
iii. The hardship relates to the applicant's land, rather than personal circumstances;
iv. The hardship is unique and unusual, or nearly so, rather than one (1) shared by many surrounding properties;
v. The hardship is not the result of the applicant's own actions;
vi. The variance requested is the minimum that will afford relief and the least possible modification of the requirements of this chapter;
vii. The variance will neither result in the extension of a noncon¬forming situation in violation of
Section 16-67, nor authorize the ini¬tiation of a nonconforming use of land, nor conflict with the goals and policies of the comprehensive plan and the Land Development Code;
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