DCPVAR-2012-03630 - Laserfiche WebLink

Home Browse Search

PRESENTING YOUR CASE TO THE BOARD OF ADJUSTMENT: An Area Variance may be authorized by the Dane County Board of Adjustment to vary one or more of the dimensional or physical requirements of the applicable ordinance in connection with some proposed construction. The burden will be on you, as property owner or authorized agent, to provide information upon which the board 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 zoning board to make a ruling in your favor. The board must make its decision based only on the evidence submitted to it at the time of the hearing, including the staff report. Unless you or your agent is present, the board may not have sufficient evidence to rule in your favor and may then deny your application. (1) Describe alternatives to your proposal such as other locations, designs and construction techniques. Attach a site map showing aftematives you conssiered in each category below: (A) Alternatives you considered that comply with existing standards: If you find such an alternative, you can move forward with this option with a regular permit. If you reject compliant alternatives, provide the reasons you rejected them. (see attached Supplement) (B) Alternatives you considered that require a lesser variance: If you reject such alternatives, provide the reasons you rejected them. (see attached Supplement) (2) Will there be an unnecessary hardship to the property owner to strictly comply with the ordinance? Unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. An applicant may not claim unnecessary hardship because of conditions which are self-imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home or claiming that they need more outbuilding space than that permitted to store personal belongings). Courts have also determined that economic or financial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. (see attached Supplement) Dane County Zoning Division Variance Application Page 2 of 4