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PLANNING DEPARTMENT |
VARIANCES |
Not all situations can be anticipated and for those that do not "fit”
the zoning requirements, there is the ability to apply to the City
Commission for a variance.
A variance shall not be granted by the City unless and until a written
application for a variance is submitted with the
application fee demonstrating:
1. 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;
2. That a literal interpretation of the provisions of these regulations
would deprive the applicant of rights commonly enjoyed by other
properties with similar conditions;
3. That the special conditions and circumstances do not result from the
actions of the applicant;
4. 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.
The Board of Adjustment shall make findings that the requirements of
this section have been met:
1. 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 seven (7) days before each hearing.
All property owners within 300 feet of the subject property must also be
notified by mail at least seven (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
second notice to property owners must be mailed seven (7) days before
the City Commission hearing detailing the meeting time, place, and other
particulars.
2. 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.
3. 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.
For questions about the current variance application, please contact the
Planning Department by
email or by phone at (407) 905-3157.
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