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Permits Procedures and
Regulations
Variance in Standards
The Board may allow a variance only in cases involving practical difficulties or
unnecessary hardship, when the record to the Board supports all of the following
affirmative findings:
- That the alleged hardship or practical difficulties, or both, are exceptional and
peculiar to the property.
- That the alleged hardship or practical difficulties, or both, which would result
from a failure to grant the variance, include substantially more than
inconvenience or inability to attain a higher financial return, or both.
- That allowing the variance will result in substantial justice being done,
considering the public benefits and the individual hardships that will be suffered
by a failure of the Board to grant a variance.
- That the conditions and circumstances, which are the bases of the variance request,
shall not be self-imposed.
If a variance has been granted, and the construction authorized with the variance has
not commenced within one year from the date of its approval, the grant of the variance
shall be automatically withdrawn.
Validity
Each section, subsection, provision, requirement, regulation or restriction established
by these rules for driveway permits or any amendments or additions thereto, is hereby
declared to be independent, and the holding of any part to be unconstitutional, invalid
or ineffective for any cause shall not affect nor render invalid the resolution or
amendments or additions thereto as a whole or any other part thereof, except as to the
particular part so declared to be invalid.
| Adopted by the Board November 12, 1998 |
| Effective January 1, 1999 |
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| LIVINGSTON COUNTY BOARD OF ROAD COMMISSIONERS |
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| J. Gordon Topping |
| Richard I. Slayton |
| John T. Dunleavy |
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