COM 0176.031 2006-2008 - Laserfiche WebLink

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(c) Variances shall only be issued upon: (1) A showing of good and sufficient cause. Under this [eriteeia] criterion, the applicant must demonstrate that the variance request is for land which has physical characteristics so unusual that complying to flood requirements will create exceptional hazdship to the applicant or surrounding landowners. The unique characteristic must pertain to the land itself and not the structure, its inhabitants, or the property owner. Under this [c~tteria] criterion, only exceptional instances should arise where the physical characteristics of properties create a hardship sufficient to justify granting a variance. Even in a fairly common situation where an undeveloped lot is surrounded by properties with structures built at grade and/or below flood levels, a variance cazmot be justified since an applicant can erect the concerned structure on pilings, etc.; (2) A determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 27-12) to the applicant. Under this [eftteria] criterion, the hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiaz to the property involved. Economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors cannot, generally, qualify as exceptional hazdship. Under this [c-r-iteria] criterion, for example, a member of a household is physically handicapped and wants a variance to build the dwelling at grade or at a lower level for access purposes. A variance should not be issued because the owner can construct a ramp or elevator to meet flood requirements. Elevation will allow the infirm or handicapped person to be evacuated in the eazly stage of flooding, and, if there is insufficient warning or help in evacuating that person, then, in all likelihood, he can survive the flood by simply remaining in the home safely above the levels of [Heed-waters;] floodwaters: (3) A determination that the variance is the "minimum necessary" (as defined in section 27-12), considering the flood hazard, to afford relief. Under this [eriteria] criterion, the variance that is granted should be for the minimum deviation from the flood requirements that will still alleviate the hazdship. In the case of variance to an elevation requirement, this does not mean approval to build at grade level or to whatever elevation an applicant proposes, but rather to a level that the director of public works determines will provide relief and preserve the integrity of the flood ordinance; and (4) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause "fraud or victimization" (as defined in section 27-12) of the public, or 25