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DCPREZ-0000-03576
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DCPREZ-0000-03576
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Entry Properties
Last modified
11/30/2016 4:00:19 PM
Creation date
11/30/2016 4:00:14 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
03576
Town
Albion Township
Section Numbers
25
AccelaLink
DCPREZ-0000-03576
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• . . <br /> • These ten criteria focus broadly on whether the <br /> proposed Center makes sense. They ask whether it is necessary <br /> (and particularly whether it is necessary in an A-1 Agricul- <br /> ture [Exclusive] District) ; whether it will impose undue <br /> burdens, economic or otherwise, on local governmental services; <br /> and whether the benefits the community will derive from the <br /> Center outweigh its economic, environmental, and agricultural <br /> costs. This last "benefit test" parallels the basic principles <br /> underlying a conditional use, as opposed to a variance. <br /> The idea behind a variance is that the landowner <br /> needs special relief, because of undue hardship to him if a <br /> variance is not granted. By contrast, the idea behind a con- <br /> ditional use is that the community will reap a net benefit <br /> from the proposed use; in other words, even though the possible <br /> drawbacks of the proposed use mean that it should be considered <br /> on a case-by-case basis rather than given blanket permission, <br /> the conditional use can be granted if the applicant demonstrates <br /> that in his particular case the benefits to the community out- <br /> weigh the drawbacks. Our Supreme Court has explained this <br /> "community benefit" approach to conditional uses as follows : <br /> "Conditional uses . . . are designed to <br /> cope with situations where a particular use , <br /> although not inherently inconsistent with <br /> the . . . classification of a particular zone , <br /> may will create special problems and hazards <br /> if allowed . . . as a matter of right . . . <br /> "By this device, certain uses . . . which <br /> may be considered essentially desirable to the <br /> community, but which should not be authorized <br /> generally in a particular zone because of <br /> conditions such as . . . traffic congestion, <br /> population density, noise, effect on adjoining <br /> land values or other considerations including <br /> public health, safety, or general welfare, <br /> may be permitted upon a proposed site depend- <br /> ing upon the facts and circumstances of the <br /> particular case. " <br /> -6- <br />
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