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April Dane County Code of Ordinances
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April Dane County Code of Ordinances
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Chapter 17 <br /> (a) Fix a reasonable time for the hearing; inform the committee or the person contesting the <br /> (b) Publish adequate notice pursuant to location of the boundary,to petition the county board <br /> Wisconsin Statutes, specifying the date, time, place for a map amendment according to subchap.VII. <br /> and subject of the hearing; and (8) VARIANCE. The board of adjustment may, <br /> (c) Assure that notice shall be mailed to the upon appeal, grant a variance from the dimensional <br /> parties in interest and the district office of the standards of this ordinance where an applicant <br /> department at least 10 days in advance of the hearing. convincingly demonstrates that: <br /> (5) HEARING. Any party may appear in person or (a) Literal enforcement of the provisions of i_ <br /> by agent or attorney. The board shall: the ordinance will result in practical difficulty or <br /> (a) Resolve boundary disputes according to unnecessary hardship on the applicant; <br /> sub. (7); (b) The hardship is due to adoption of the � <br /> (b) Decide variance applications according floodplain ordinance and special conditions unique to <br /> to sub.(8); and the property, not common to a group of adjacent lots - <br /> (c) Decide appeals of permit denials or premises (in such case the ordinance or map must <br /> . according to s. 17.64. be amended); <br /> (6) DECISION. The final decision regarding the (c) Such variance is not contrary to the <br /> appeal or variance application shall: public interest; <br /> (a) Be made within a reasonable time; (d) Such variance is consistent with the _ <br /> (b) Be sent to the district office of the purpose of this ordinance in s. 17.03. <br /> department within 10 days of the decision; (9) A variance shall not: <br /> (c) Be a written determination signed by the (a) Grant, extend or increase any use <br /> chairperson or secretary of the board; prohibited in the zoning district; <br /> (d) State the specific facts which are the (b) Be granted for a hardship based solely on 1 <br /> basis for the board's decision; an economic gain or loss; <br /> (e) Either affirm,reverse,vary or modify the (c) Be granted for a hardship which is self- <br /> order, requirement, decision or determination created; <br /> appealed, in whole or in part, dismiss the appeal for (d) Damage the rights or property values of <br /> lack of jurisdiction or grant or deny the application other persons in the area; ,' <br /> for a variance;and (e) Permit a lower degree of flood protection <br /> (g) Include the reasons or justifications for in the floodplain than the flood protection elevation; <br /> granting an appeal, with a description of the hardship (f) Allow any floor of a basement or <br /> or practical difficulty demonstrated by the applicant crawlway below the regional flood elevation for <br /> in the case of a variance,clearly stated in the recorded residential or commercial structures; <br /> minutes of the board proceedings. (g) Allow actions without the amendments <br /> (7) BOUNDARY DISPUTES. The following to this ordinance or map(s)required in s. 17.71;or <br /> procedure shall be used by the board of adjustment in (h) Allow any alteration of an historic <br /> hearing disputes concerning the district boundaries structure, including its use, which would preclude its <br /> shown on the official floodplain zoning map: continued designation as an historic structure.27 <br /> (a) Where a floodplain district boundary is (10) When a variance is granted in a floodplain area, <br /> established by approximate or detailed floodplain the board shall notify the applicant in writing that <br /> studies, the regional flood elevations or profiles for increased flood insurance premiums and risks to life <br /> the point in question shall be the governing factor in and property may result. A copy of this notification <br /> locating the district boundary. If no regional flood shall be maintained with the variance appeal record. <br /> elevations or profiles are available to the board, other <br /> available evidence maybe examined. <br /> 17.64 TO REVIEW APPEALS OF PERMIT <br /> (b) In all cases, the person contesting the DENIALS. (1) The board of adjustment shall <br /> location of the district boundary shall be given a review all data constituting the basis for the appeal of 1 <br /> reasonable opportunity to present arguments and <br /> technical evidence to the board of adjustment. <br /> (c) Where it is determined that the district _ <br /> boundary is incorrectly mapped, the board should 27Annotation: Rev. federal rule Oct. 1990. <br /> Page 92 <br /> Revised 4-30-97 <br /> - i <br />
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