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VARIANCE Petition DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] DATE: TO: DALLAS COUNTY BOARD of ADJUSTMENT The Undersigned is the (owner / owner’s agent) of the following described property located in the unincorporated area of Dallas County, Iowa Application Materials To be considered you must submit the following: 1. Completed Petition 2. Check for $230, made out to Dallas County Planning & Development* 3. Site plan that illustrates the site conditions and the variance requested along with any other documentation that supports your request. *Payment of fee does not guarantee approval; no refunds will be made for items not approved Description of Variance (Please use the lines below to describe the Variance. If necessary, please attach additional description) Legal Description of Property (If necessary, please attach additional description) (E-911 Address) (City/Post Office) (Subdivision Name) (Lot Number) (Township Name) (Section Number) (PIN) (Zoning District) Petitioner Information (Please provide the contact information of the Petitioner[s]) (Name) (Mailing Address/P.O. Box) (City/Post Office) (State) (Zip) (Phone) Home Work Mobile (Email Address) Agent Information (This is the person[s] acting on behalf of the Petitioner [if applicable]) (Company/Name) (Mailing Address/P.O. Box) (City/Post Office) (State) (Zip) (Phone) Home Work Mobile (Email Address) ---PAGE BREAK--- VARIANCE Petition DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] The following from Chapter 45: Zoning Oridance is the basis for the decisions of the Board of Adjustment: 45.29 Board of Adjustment: Powers and Duties The Board of Adjustment shall have the following powers and duties: 2. To grant a variance from the terms of this Ordinance when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation, the strict application of the terms of this Ordinance actually prohibits the use of his property in a manner reasonably similar to that of other property in the same district, and where the Board is satisfied under the evidence before it that a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. 3. To establish unnecessary hardship, a property owner must show all of the following elements: A. The land in question cannot yield a reasonable return from any use permitted by the regulations of the district in which the land is located. Failure to yield a reasonable return may only be shown by proof that the owner has been deprived of all beneficial or productive use of the land in question. It is not sufficient merely to show that the value of the land has been depreciated by the regulations or that a variance would permit the owner to maintain a more profitable use; and B. The plight of the owner is due to unique circumstances not of the owner’s own making, which unique circumstances must relate specifically to the land in question and not to general conditions in the neighborhood; and C. The use to be authorized by the variance will not alter the essential character of the locality of the land in question. 4. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 45.36 of this Ordinance. 5. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district. ---PAGE BREAK--- VARIANCE Process DALLAS COUNTY OFFICE of PLANNING and DEVELOPMENT 907 Court Street I Adel, IA 50003 I [PHONE REDACTED] I [EMAIL REDACTED] Staff Review Advertise Action of Board of Adjustment Submit Application Materials 1. Completed Petition 2. Fee Payment $230 3. Site plan that illustrates the site conditions and the variance requested Board of Adjustment Public Hearing Decision Effective Per Terms of Action & Recording