§ 403.080. Variances., Chapter 403. Development Review Procedures, Unified Development Code, Code of Ordinances, Blue Springs

Overview/Applicability. Variances are a process to provide relief from a strict interpretation of the standards of this Code, when applied to a particular property and in a specific context would create an unnecessary hardship or practical difficulties on all reasonable use of the property.

Review Criteria. A variance shall be reviewed and approved only on the finding that all of the following conditions are met:

The requested variance arises from conditions which are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;

The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship or practical difficulties upon the property owner represented in the application;

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and

Granting the variance would not violate any requirements set forth by State or Federal agencies.

Effect Of Decision. Findings of fact identifying and evaluating all factors relevant to the application shall be made part of the public record. A concurring vote of at least four (4) members of the Board of Adjustment shall be required to approve any variance request.

Conditions Of Approval.

Conditions. In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Development Code, including placing a condition that the variance shall cease and be of no effect upon the ending of the condition(s) which justified the granting of the variance such that the variance is no longer needed to allow reasonable use of the property benefited by the variance.

Performance Bonds. The Board of Adjustment may require a performance bond to guarantee the installation of improvements. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board of Adjustment and shall be enforceable by or payable to the City in a sum equal to the cost of constructing the required improvements.

Time Limits. The Board of Adjustment may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board of Adjustment may, after reconsideration, declare the granting of the application null and void, or the variance may be made contingent on the performance of certain actions.

Appeals Of Board Of Adjustment Decisions. Any person aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the date of the Board of Adjustment's decision on the matter. For purposes of calculating the time of appeal, the decision shall be deemed entered on the date the Chairperson signs the decision including the findings of fact and conclusions of law.