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May 19, 2022 <br />9 <br /> <br />12. Written notice shall be mailed to all property owners with property within 5,280 feet of the <br />subject property at least 15 days prior to the said hearing. Where the subject property abuts <br />a right-of-way, the 5,280-foot measurement shall be in addition to this right-of-way along <br />the abutting side. <br />13. The Board of County Commissioners shall conduct a public hearing on the variance <br />application. At that hearing, the Commission shall review the recommendation of the <br />Planning Commission and the particular facts and circumstances of the situation and <br />develop findings and conclusions. <br />14. In approving a variance, the Board may impose such conditions as are, in its judgment, <br />necessary to promote the general provisions of this Ordinance. <br />15. The Board of County Commissioners shall make a decision by motion. It shall take the <br />affirmative vote of three members of the Board to grant a variance. Failing such vote, the <br />request for variance is denied. <br />16. A hearing may be continued at the request of the applicant or upon motion of the Board, <br />provided however, that the granting of a continuance is a matter of grace, resting solely in <br />the discretion of the Board, and a refusal to continue is not a denial of a right, conditional or <br />otherwise. <br />17. Decision on continuance of a hearing can be reached by a simple majority but must be made <br />prior to voting on the application itself. <br />18. A variance shall be valid indefinitely, provided it is exercised within one year of the date of <br />issuance, or as otherwise provided for by the Board of County Commissioners. <br />19. A request may be re-heard only when there has been a manifest error affecting the Board’s <br />decision or it appears that a substantial change in facts, evidence, or conditions has <br />occurred. Such determination shall be made by the County Planner within 60 days of final <br />action of the Board. <br />20. Any persons aggrieved by a decision of the Board of County Commissioners pertaining to a <br />variance application may file an appeal with a court of competent jurisdiction. <br />(c) Criteria for Consideration; Findings Required <br />1. Findings are required to be made by the Board of County Commissioners for approval of a <br />variance. No variance shall be granted unless the Board finds that all of the following <br />conditions are met or found to be not pertinent to the particular case: <br />a. Strict compliance with the provisions of this Ordinance will: <br />i. Limit the reasonable use of the property, and <br />ii. Deprive the applicant of rights enjoyed by other properties similarly <br />situated, and <br />iii. Will result in a hardship to the applicant. <br />b. The hardship is the result of lot size, shape, topography, or other circumstances over <br />which the applicant has no control. <br />c. The hardship is peculiar to the property. <br />d. The hardship was not created by the applicant. <br />e. The hardship is not economic (when a reasonable or viable alternative exists). <br />f. Granting the variance will not adversely affect the neighboring properties or the <br />public.