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Variance Application

  1. For questions, contact the Planning Division by phone at (407) 262-7751.

  2. Variance Application Checklist

  3. Application:

    Note: Any additional information needs to be provided to staff prior to the Planning and Zoning Commission meeting in order to provide the Commission sufficient time to review the information.

  4. Notarized letter of authorization is required if owner is not the applicant.

  5. This application is to apply to the City of Casselberry, Florida for development review as outlined. The applicant and all pertinent parties should understand that staff does not make final determinations for a project and that it is not reasonable for any expenditures to be made in reliance upon any statements made by staff. The applicant and all pertinent parties should understand that official action is made by final vote of the public board (Planning and Zoning Commission or City Commission depending on type of project) and that the City Commission may take a different position at the second public hearing. Accordingly, the applicant and all pertinent parties should understand that until there is a final vote of the public board, it is not reasonable for any expenditures to be made in reliance upon any vote of the public board which does not constitute the final vote. The signature of the applicant below acknowledges that the applicant has read and understands this statement:

  6. Note: the applicant has the burden of proof on each of these. Please provide answers in the blank spaces or on a separate piece of paper. Use as much detail as necessary.

  7. -Acceptable: size, shape, grade, a deep ravine running through the property, erosion. -Unacceptable: traffic common to the neighborhood, crime common to the neighborhood, soil deficiencies common to the neighborhood.

  8. Self-created hardships cannot constitute the basis for a variance, so look to see if the applicant: -Purchased with knowledge of the problem; -Purchased with knowledge of the Code restrictions; -Improvements made with knowledge of the Code; -Everyone has a duty to look at the Code before building -If it's a contractor's mistake, then it is very difficult - if owner's good faith is apparent and the error is harmless, can grant. If the error is intentional, do not grant. -If the applicant proves that the property is completely undevelopable in a manner consistent with the zoning unless the variance is granted, this is usually sufficient. This is not the same as an applicant who requests a variance to build a particular structure that doesn't meet the Code requirements.

  9. -The Code requirements must be equally applied to all applicants. -Ask: Is this property different from other properties in the same zoning district so that the variance is warranted? -Determine if the property is unique.

  10. Must be more than mere inconvenience and: -Not just an economic disadvantage; -Unique physical conditions - irregular shaped parcel; -If hardship is not unique to the particular property, then the remedy is for the City Commission to rezone; -Hardship must relate to the land and not to the owner; -Poor health of the owner is not sufficient

  11. -Not acceptable - interferes with traffic flow, creates traffic congestion, or other safety problems.

  12. Existing non-conforming uses of other property is not a basis for approval.

    -Even the fact that the Board of Adjustment or Planning and Zoning Commission has previously granted variances to other property owners under similar circumstances does not necessarily constitute grounds upon which the present applicant may rely. -Need not allow the property owner the highest and best use of the property, just so property can be put to reasonable use.

  13. General Points

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