6410-89 Confirm unsafe structure at 1583 Elmwood

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Public Hearing September 11, 1989 Page 2 The presumption is ~hat the law applies to everyone equally. However, if the applicant is able to present evidence to demonstrate ~o the satisfac- tion of the Board T. hat he or she is subject to unique circums~ances which JUstify treating his or her proper~y differently, those circums~ances may Justify a variance. The hardship ordinarily must be one which is not shared by owners of similar proper~y. If there is inadequate evidence of different or unique circ,-~stances about .the property in question, or the hardship is no different than that which everyone else wi~h similar property must bear, then the applicant is not entitled to a variance. The applicant bears the burden of proof when seeking a variance. The Board is composed of volunteer citizens serving without financial compensation. Although it would please us to accommodate each of your wishes, we are bound by the law and the law only permits a variance in cases where the applicant can proves l) That there exists practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building. Financial problems are not usually considered a hardship under the law; 2) That there are special circumstances unique to such property and that the strict application of the ordinances would deprive the owner of the reasonable use of the land; $) That the granting of the requested variance is necessary for the reasonable use of the property and is ',..he minimum variance that will accom- plish this, and I emphasize the minimum variance that will serve %o relieve the owner of the undue burden; 4) That the granting of the variance, and ~is is very important, will be in harmony with the intent of the ordinances of Lakewood and will not be injurious to the neighborhood or the public welfare. If you are not ready to present your case with the criteria I have given you in mind, the Board will be willing to defer your case for one month. If you wish to defer, when I complete my introductory remarks, you should bring it %o my attention and your case will be continued un~/1 next month without the necessity of waiting until your case comes up on the docket. In presenting your case, you may offer evidence by way of exhibits and testimony. Only evidence offered %o ~he Board can be considered at this hearing or in subsequent appeal. You have the right %o have testimony taken under oath or to have testimony ~aken not under oath. After the applicant has presented his or her evidence, we will hear from the Building Department. The Building Department representative can be cross-examined by the applicant. After the Board has heard from the applicant and the Building Department, we will then accept comments or testimony from persons in attendance who wish to be heard in the matter.