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2000-03-29 Packet
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2000-03-29 Packet
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6.6 Varianrs;s. The restrictions applicable to Lots as specified in Article IV of this <br /> Declaration are intended for the benefit of all Property Owners. The Declarant, however, <br /> acknowledges the exceptional conditions of a particular Lot may create peculiar and practical <br /> difficulties mitigating against the strict enforcement of a provision contained in Article IV. In the <br /> event an Owner believes that such exceptional conditions on a Lot create a hardship or special <br /> situation, an Application for Variance may be made by an Owner to the Architectural Control <br /> Committee in accordance with Paragraph 3.3 of this Declaration. An Application of Variance <br /> shall state on the Application the reasons for allowing the variance, including: <br /> (a) that there are special circumstances or conditions affecting the Lot such that <br /> the strict application of a provision of Article IV would deprive the Owner of the <br /> reasonable use of the Lot; and <br /> (b) the variance is necessary for the preservation and enjoyment of a substantial <br /> property right of the Owner; and <br /> (c) the granting of the variance will not be detrimental to the public welfare or <br /> injurious to other Owners of Lots subject to the Declaration; and <br /> (d) that the issuance of the variance will not have an adverse effect upon the <br /> health, welfare and safety of the Owners benefited by this Declaration. <br /> (e) The variance must comply with city ordinance, <br /> In considering a request for a variance from the strict application of Article IV of this Declaration, <br /> the Committee shall make a finding showing that all of the foregoing conditions exist, and the <br /> Committee may impose any reasonable condition in the granting of such variance in order to <br /> protect other Lots and Owners. <br /> 11 <br />
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