That special conditions and circumstances exist, which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements.
That a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions.
That the special conditions and circumstances do not result from the actions of the applicant.
That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions of neighboring lands, which are contrary to these regulations, shall be considered grounds for the issuance of a variance.
Board of Adjustment Requirements
The Board of Adjustment shall make findings that the requirements of this section have been met:
A public hearing on the proposed variance shall be held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both the Board of Adjustment and City Commission public hearings must be advertised in a newspaper at least 7 days before each hearing.
All property owners within 300 feet of the subject property must also be notified by mail at least 7 days prior to the hearing date. This notice may include information on both the Board of Adjustment and City Commission hearings if the item goes before both commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Board of Adjustment meeting, a 2nd notice to property owners must be mailed 7 days before the City Commission hearing detailing the meeting time, place, and other particulars.
The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, which would make possible the reasonable use of the land, buildings, or other improvements.
The Board of Adjustment shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.
In recommending any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations and the City Commission may approve such conditions. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations and Chapter 65-2015, Laws of Florida.