Rule L: Variances

1. Variances Authorized.

The Board of Managers may hear requests for variances from the literal provisions of these rules in instances when their strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. The Board of Managers may grant variances where it is demonstrated that such action will be in keeping with the spirit and intent of these rules.

2. Standard.

In order to grant a variance the Board of Managers must determine that:

• (a) Special conditions apply to the structure or land under consideration that do not apply generally to other land or structures in the District.
• (b) Because of the unique conditions of the property involved, undue hardship to the applicant would result, as distinguished from mere inconvenience, if the strict letter of the rules was carried out. Economic considerations alone shall not constitute undue hardship if any reasonable use of the property exists under the terms of the District’s rules.
• (c) The proposed activity for which the variance is sought will not adversely affect the public health, safety, welfare, will not create extraordinary public expense, will not adversely affect water quality, water control, drainage in the District.
• (d) The intent of the District’s rules is met.

3. Term.

A variance shall expire one year after the date it is granted, unless implemented by applicant within that one year period.

4. Violation.

A violation of any condition set forth in a variance shall be a violation of the District rules, and shall automatically terminate the variance.