April Dane County Code of Ordiances

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Guidelines/Variance Page 2 4. The expenditure of money does not constitute a legal hardship. In other words, the courts do not recognize financial hardship as a basis upon which a Board of Adjustment can give a variance (i.e., the • fact that a structure erected in violation of the Zoning Code would be expensive to move, that an alternative • location which would be in compliance with the i Zoning Code might be somewhat more expensive on which to build, etc.). The courts have uniformly held that, when a hardship was created by the applicant's own acts, he is not entitled to relief. 5. Zoning Code violations by others in the area, nonconformity of structures on other properties or other variances given in the area do not automatically entitle an applicant to approval of his variance request. What constitutes a legal hardship and substantial justice is a matter to be determined by the Board from the facts and circumstances of each individual appeal. 6. In granting variances, the Board of Adjustment may impose special conditions to ensure that the public welfare will not be damaged. 7. Under certain fact circumstances, a variance may be approved on the basis that it is necessary in order to secure the applicant the right of rights that are enjoyed by other property owners in the same area. 8. A variance will not be granted simply because there is no objection to it or because those who do not object outnumber those who do. VARIANCE APPLICATION INSTRUCTIONS THE FOLLOWING INFORMATION MUST BE SUBMITTED: A.. A written statement which includes: 1. Name and address of applicant. 2. Location and legal description of the property. 3. Reason for the proposed building,addition, alteration, etc. 4. Reason's explaining hardship. B. Site plan-(see separate instructions). C. Floor plans of the building. APPLICATION MAY NOT BE SUBMITTED BY MAIL. APPLICATION MUST BE FILED IN TTIE DANE COUNTY ZONING DEPARTMENT NO LATER THAN TO BE SCHEDULED FOR PUBLIC HEARING ON APPLICATION FEE IS$85.00. * NOTE: If variance is granted permits must be obtained within 1 year or variances will expire - Dane County Ordinance 10.26(9)