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Variances are regulated in MSB 17.65.
In order to grant a variance to the regulations of MSB title 17, the planning commission must find that each of the following requirements has been met:
- There are unusual conditions or circumstances that apply to the property for which the variance is sought.
- 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.
- The granting of the variance will not be injurious to nearby property, nor harmful to the public welfare.
- The granting of the variance will be in harmony with the objectives of this title and any applicable comprehensive plans.
- The deviation from the requirement of this title that is permitted by the variance will be no more than is necessary to permit a reasonable use of the property.
A variance may not be granted if:
- special conditions that require the variance are caused by the person seeking the variance;
- the variance will permit a land use in a district in which that use is prohibited;
- the variance is sought solely to relieve pecuniary hardship or inconvenience.
A non-refundable fee is associated with a variance application.
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