Ord 1986-116 - Laserfiche WebLink

Home Browse Search

-7- (3) Such variances from the strict application of the terms of this ordinance shaLL De authorized only when the ooard approves findings of fact in writing. Proposed findings shall be sUbmitted by the proponent of the variance in writing showing that the evidence provided by the proponent demonstrates that the following conditions exist: (a) The variance requested ar1ses from such condition which is unique to the property in question and which is not ord1nar1ly shared oy others in the same neighborhood or zoning district, and is not created oy an action or actions of the property owners or applicant. (0) The particular physical surrounaings, shape or topographical condition of the specific property 1nvolved would result in a practical difficulty or unnecessary hardship or inequity upon or for the owner or occupant, as distinguisea from a mere inconvenience, if the provis1ons of the regulations were literally enforced. (c) The request for a variance is not oased exclusiveLY upon a desire from the owner, occupant, or appl1cant for increased financial gain from the property, or to reauce an existing financial hardship. (d) The granting of the variances will not be materially detrimental or inJur10us to, or aaversely affect the rights of, owners or residents of surrounding property. (e) The proposed variance wilL not 1mpair an adequate suppLy of l1ght or a1r to adjacent property, sUbstantially 1ncrease congestion in the PU011C streets, increase the danger of fire, endanger the public safety, sUbstantially dim1nish or impair property values within the neighborhood, or otherwise be opposed to the general spir1t ana intent of th1S Ord1nance. (f) The variance requested 1S guidelines established 40(C)(2) above. within the by Section SECTION 42. That the existing Subsection 40(C)(3) of the General Zoning Ordinance of the San Marcos COde of Ordinances 1S hereby renumbered SUbsection 40(C)(4). SECTION 43. That the Subsection 40(C)(4) of the General Zon1ng Orainance of the San Marcos Code of Ordinances is herebY renumbered Subsection 40(C)(5). SECTION 44. That the SUDsection 40(C)(5) of the GeneraL Zoning Orainance of the San Marcos COde of Orainances is hereby renumbered Subsection 40(C)(6). SECTION 45. That the SUbsection 40(C)(6) of the General Zoning Orainance of the San Marcos COde of Ordinances is herebY renumbered Subsection 40(C)(7). SECTION 46. That the SUbsection 40(C)(7) of the General Zoning Ordinance of the San Marcos Coae of Ordinances is hereby renumbered Subsection 40(C)(8).