2. Ordinance on highway accesses
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2. Ordinance on highway accesses
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2/27/2007 10:54:35 AM
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<br />a. The granting of the variance shall be in harmony with the general purpose and intent <br />of the regulations imposed by this Ordinance and shall not result in undue delay or <br />congestion or be detrimental to the safety of the motoring public using the County <br />Highway. <br /> <br />b. There must be proof of unique or existing special circumstances or conditions where <br />the strict application of the provisions of this Ordinance would deprive the applicant <br />of reasonable access. Circumstances that would allow reasonable access by a road <br />or street other than a County Highway, circumstances where indirect or restricted <br />access can be obtained, or circumstances where engineering or construction <br />solutions can be applied to mitigate the condition shall not be considered unique or <br />special. <br /> <br />c, There must be proof of practical difficulty or hardship, It is not sufficient to show that <br />greater profit or economic gain would result If the variance would be granted. <br />Furthermore, the hardship or difficulty cannot be self-created or self-imposed; nor <br />can it be established on thiS basis by the applicant who purchases with or without <br />knowledge of the provisions of this Ordinance. The difficulty or hardship must result <br />from the strict application of this Ordinance and it must be suffered directly and solely <br />by the applicant of the property in question. <br /> <br />d, The variance is the least deviation from the provisions of this Ordinance which will <br />mitigate the hardship or practical difficulty, <br /> <br />3.8.4 Action by the County Engineer <br /> <br />Upon receipt of all the relevant information, facts, data, and a review by the County <br />Engineer, the County Engineer shall render a decision in writing to the applicant. The <br />County Engineer may, in the decision for a variance, stipulate conditions or impose <br />requirements in granting of a variance from the provisions of this Ordinance. <br /> <br />3.9 Appeals Procedure <br /> <br />3.9.1 Cass County Engineer <br /> <br />All objections to any action or decision concerning access shall be filed in writing with <br />the Cass County Engineer. The Cass County Engineer shall consider the objections, <br />and after a decision has been made shall inform the applicant the action taken on said <br />objection. <br /> <br />10 <br />
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