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Guidelines/Variance <br /> Page 2 <br /> 4 . The expenditure of money does not constitute a legal hardship. In other <br /> words, the courts do not recognize financial hardship as a basis upon <br /> which a Board of Adjustment can give a variance (i:e. , the fact that a <br /> structure erected in violation of the Zoning Code would be expensive to <br /> move, that an alternative location which would be in compliance with the <br /> Zoning Code might be somewhat more expensive on which to build, etc. ) . <br /> The courts have uniformly held that, when a hardship was created by the <br /> applicant's own acts, he is not entitled to relief. <br /> 5. Zoning Code violations by others in the area, nonconformity of structures <br /> on other properties or other variances given in the area do not <br /> automatically entitle an applicant to approval of his variance request. <br /> What constitutes a legal hardship and substantial justice is a matter to <br /> be determined by the Board from the facts and circumstances of each <br /> individual appeal. <br /> 6. In granting variances, the Board of Adjustment may impose special <br /> conditions to ensure that the public welfare will not be damaged. <br /> 7 . Under certain fact circumstances, a variance may be approved on the basis <br /> that it is necessary in order to secure the applicant the right of rights <br /> that are enjoyed by other property owners in the same area. <br /> 8 . A variance will not be granted simply because there is no objection to <br /> it or because those who do not object outnumber those who do. <br /> VARIANCE APPLICATION INSTRUCTIONS <br /> THE FOLLOWING INFORMATION MUST BE SUBMITTED: <br /> A. A written statement which includes: <br /> 1. Name and address of applicant. <br /> 2 . Location and legal description of the property. <br /> 3 . Reason for the proposed building, addition, alteration, etc. <br /> 4 . Reason/s explaining hardship. <br /> B. Site plan - (see separate instructions) . <br /> C. Floor plans of the building. <br /> APPLICATION MAY NOT BE SUBMITTED BY MAIL. APPLICATION MUST BE FILED IN THE <br /> DANE COUNTY ZONING DEPARTMENT NO LATER THAN TO <br /> BE SCHEDULED FOR PUBLIC HEARING ON <br /> APPLICATION FEE IS $85. 00. <br />