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GUIDELINES FOR VARIANCE APPLICATIONS DANE COUNTY BOARD OF ADJUSTMENT Introduction The County Zoning Ordinance is adopted and enacted by the Dane County Board of Supervisors. The Dane County Board of Adjustment from thee C County Zoning Code reviews The Board decisions on requests for vari ances of Adjustment is comprised of five citizen members. The Board of Adjustment' s genes al grant of authority is found in Section 59.99 (c) , Wis. Stats. as follows: To authorize upon appeal in specific cases such variance from the terms of the ordinances as will not be contrary to the public interest, where, owing to special conditions,unnecessary hardships and so that the lspirit of the ordinance shall be observed and substantial justice shall be done. A zoning ordinance cannot anticipate eauthority to grant a vari nce gives in a community. The Board of Adjustment' s the ordinance limited flexibility. The Board of Adjustment acts as a of quasi-judicial administrativethe zoning the ordinance w�thout modification as far Adjustment' s duty to preserve 9 as possible while ensuring t�so bs 1 rules justice to be varied sin r sponse Tto variance procedure allows g eneral unusual circumstances which constitute a legal hardship. Standards Followed by the Dane County Board of Adjustment In Considering Variance Applications 1. It is the"proof"responsibility applicant of cthe Zoning Codenwilleresult cinta provide proof that enforcement legal hardship. A variance cannot be granted as a convenience to the property owner. 2 . The legal hardship must come from the Zoning Code. A s if imposed hardship cannot serve as justification for a variance; i.e. , was self-created by the action or negligence of the , applicant; the applicant commenced work on a project without required permits or had failed to inform himself on permit requirements, etc. 3 . The necessary must be c difficulty r he zoning parcel in question and different necessary must be peculiar applicant for a variance must from that of other area parcels. The app clearly show the Board that the request is due to the very unusual qualities of his property. 545-30 (6/90) (16) VAR INSTR (See Reverse Side)