Variances

Variances are covered in DMC Chapter 17.27. In order to grant a variance to the regulations of MCB the planning commission must find that each of the following requirements is met:

1. The tract to be subdivided is of such unusual size and shape or topographical conditions are such that the strict application of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties under the terms of this title.
2. The granting of the variance will not be injurious to adjacent property, nor harmful to the public welfare.
3. The deviation from the requirements of this title that is permitted by the variance will be no more than necessary to permit a reasonable use of the property. (Is the minimum necessary to afford relief).

A variance may not be granted if:

1. Special conditions that require the variance are caused by the person seeking the variances.
2. The variance will permit a land use in a district in which that use is prohibited.
3. The variance is sought solely to relieve financial hardship or inconvenience.