Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

3. While considering the findings of fact, the BZA may consider the extent to which the evidence demonstrates that: a. The physical surroundings, shape or topography of the property would result in a practical difficulty, as distinguished from a mere inconvenience, for the owner, lessee or occupant. b. Granting the variance will result in material detriment or injury to other property or improvements in the neighborhood. c. Granting the variance will result in an inadequate supply of light or air to adjacent property, substantially increased traffic congestion, increased fire risk, or substantially diminished property values in the neighborhood. d. The request for a variance is not based exclusively on a desire of the owner, lessee, occupant or applicant to make more money out of the property; 4. A written record of the findings of fact must be included in the record of the hearing.
106 Variances A. Definition. A variance is a modification of certain provisions of the zoning requirements for a specific parcel, which does not change the zoning of the parcel. B. Authorization. According to Kansas statute K.S.A. 12-759(e) , the BZA may authorize a variance only under the following conditions. 1. A variance may be granted only when it is not contrary to the public interest, and substantial justice is done. 2. The BZA may grant a variance only after making specific findings of fact , based upon the particular evidence presented to it at the hearing, showing that all the following conditions have been met. a. The requested variance arises from a condition unique to the property in question, which is not ordinarily found in the same zoning district, and which was not created by any action of the property owner or the applicant. b. Strict application of the provisions of these Zoning Regulations would result in unnecessary hardship for the owner, lessee or occupant of the land or structures. c. Granting the variance will not adversely affect the rights of adjacent property owners or residents. d. The requested variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare. e. The requested variance will not be opposed to the general spirit and intent of these Zoning Regulations.
Main TOC Zoning TOC Board of Zoning Appeals

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