(a)

Any owner of land or a structure may apply, in writing, to the town clerk for a variance on that land from the requirements of this Code except that no request for a use variance will be considered.

(b)

Variance requests shall be in written form and shall be accompanied by a fee payment of $150.00, which fee shall not be refundable.

(c)

The town commission shall hear and decide all requests for variances from the requirements of this chapter.

(Code 1982, § 13-13; Ord. No. 2015-01, § II, 3-17-2015)

To conduct hearings regarding applications for variances and for relief from requirements of the town's land development code and to make final decisions either granting, conditionally granting, or denying such applications in accordance with this article.

(Ord. No. 2015-01, § II, 3-17-2015)

Notice shall be mailed to all property owners within 300 feet of the subject property 15 days prior to the scheduled hearing, and the subject property shall be posted with a sign announcing the public hearing and variance request. Notice shall also be published in a newspaper of general circulation in Pinellas County as provided by law.

(Ord. No. 2015-01, § II, 3-17-2015)

(a)

Public hearing. The town commission shall conduct a quasi-judicial public hearing at a meeting of the commission and receive any proffered evidence and testimony of proponents and opponents.

(b)

Burden of proof. The applicant shall be responsible for, and shall bear the burden of demonstrating by competent substantial evidence that the relief sought should be granted based upon the evidence on the record and in compliance with established criteria.

(c)

Conditions. In granting any variance, the town may prescribe appropriate conditions and safeguards that are reasonably necessary to mitigate any impact the variance may have on the public welfare, particularly the surrounding neighborhood. 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 chapter and punishable accordingly.

(Ord. No. 2015-01, § II, 3-17-2015)

The town commission shall not grant variances from the requirements of any provision of this land development code unless it makes a positive finding, based on substantial competent evidence and weighing and balancing the merits of the request in consideration of the following criteria:

(1)

The variance request is not exclusively based upon a desire to reduce the cost of developing the subject site.

(2)

The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire or other hazards to the public.

(3)

The proposed variance will not substantially diminish property values in nor alter the essential character of the area surrounding the site.

(4)

Special conditions.

a.

That special conditions and circumstances exist that are peculiar to the land, structure or building involved in the application.

b.

That the special condition or circumstance did not result from the actions or inaction(s) of the applicant.

(5)

No special privilege. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other similar lands, buildings or structures in the same zoning district.

(6)

Unnecessary hardship. That there are practical or economic difficulties in carrying out the strict letter of the regulation and the literal interpretation of the provisions of this land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this land development code.

(7)

Minimum variance necessary. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(8)

Purpose and intent compliance. That the grant of the variance will be in harmony with the general intent, purpose, and spirit of this land development code, and with the city's comprehensive land use plan adopted pursuant to state law.

(9)

No detriment to public welfare. That such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Ord. No. 2015-01, § II, 3-17-2015)

Any person aggrieved by the decision of the town commission may apply to the circuit court in Pinellas County for judicial relief within 30 days after the rendition of such decision(s).

(Ord. No. 2015-01, § II, 3-17-2015)