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the character of the district will not be changed by the granting of the variance.”
Very Few Possible
Miller pointed out that in granting a variance, the BZA must first comply with all of the criteria set out in Article 16-2-2. If the criteria are met, "you can see there are very few cases where you can grant a variance,” he said.
If the BZA allows the county to be subdivided by variance," we’ll start having tremendous problems,” Miller warned. If financial hardship becomes the rule for granting a variance “then every developer ’ in the country could qualify,” he added.
In granting a variance. Admiral Gardiner maintained, the BZA has always specified either by inference or construction,” that the applicant must comply with all zoning ordinance regulations. It’s the health department’s responsibility to ensure that Mrs. Atkins’ oneacre lot is suitable for septic drainfield before building is allowed on the property, the BZA chairman insisted. Once a lot is created, it’s “probably going to be built on whether it percs or not,” Miller countered, adding that the state’s sewer regulations are being made less stringent rather than more stringent.
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