Variances

The Village of Timbercreek Canyon Code of Ordinances states:

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“Variances to this Code shall be granted only upon a finding by the Board of Aldermen that a unique situation exists where substantial justice and preservation of the spirit and intent of this Code can be found by the granting of such a variance. All variances considered and granted shall be considered the result of a careful study of the specific facts and circumstances regarding each individual situation. Further, the existence or granting of a particular variance shall in no way be considered a precedent for the granting of other variances. Each variance request shall be a separate request that will be studied and judged on its own merits. Self-Induced hardships shall not be considered a unique hardship for the purpose of considering a variance request (Chapter 9.13).”

Procedure:

1. An application for a variance must be filed in writing with the Building Committee

together with a non-refundable fee in the amount currently in effect and approved by the

Board of Aldermen. The written request for a variance must specifically state the

provision(s) from which the variance is requested and must clearly identify the unique

hardship or special circumstance that exists which causes the variance to be necessary.

In addition, the requestor should provide sufficient detail in the request to allow the

Board of Aldermen to consider all relevant facts in the matter.

2. The Mayor shall cause a Notice of Public Hearing to be posted at least ten (10) days

prior to the next meeting of the Board of Aldermen which allows for time to satisfy this

requirement and shall ensure that all resident property owners within one quarter (1/4)

mile of the location subject to the variance are notified in writing of the public hearing.

3. The Board of Aldermen shall conduct a Public Hearing on the variance request and shall

allow those members of the public present to provide testimony to the Board regarding

the request. In addition, the Board shall cause any written comments received to be read

into the record during the public hearing.

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4. The Board of Aldermen, after receipt of oral and written comments, shall consider the

variance request in open session. Variances must be approved by a majority of the total

members of the Board of Aldermen. In the event a written protest from the owners of at

least twenty (20) percent of the lots or land located within one quarter (1/4) mile of the

location subject to the variance is received, the variance shall not be granted except by a

three quarters (3/4) majority of the total members of the Board of Aldermen.

5. Any approved variance shall be granted in the form of an ordinance and shall be a

permanent part of the Village record.

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6. The Village Board of Aldermen shall not consider the same or substantially same request

for a variance more than once in any twelve (12) month period.