(a)

The Building Regulation Advisory Board may recommend pursuant to the hearing as provided in section 66-42 the granting of a Variance by the Town Council from the terms of the zoning provision of this chapter if it is not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship. In order to recommend any Variance from the terms of this chapter, the Board shall find the following:

(1)

The Variance is in fact a Variance from a zoning regulation as set forth within this chapter.

(2)

Special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same district.

(3)

The special conditions and circumstances do not result from the actions of the applicant.

(4)

Granting the Variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands or structures in the same district.

(5)

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of zoning regulations and would work unnecessary and undue hardship on the applicant.

(6)

The Variance granted is the minimum Variance that will make possible the reasonable use of the land or structure.

(7)

The granting of the Variance will be in harmony with the general intent and purpose of this chapter and the Variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

In recommending the granting of any Variance, the Building Regulation Advisory Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of the conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the Code of Ordinances. The Building Regulation Advisory Board may prescribe a reasonable time limit wherein the Construction of the structure subject to the Variance is required to be completed.

(c)

Under no circumstances shall the Building Regulation Advisory Board recommend the granting of a Variance or a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this Code in the district. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for a Variance.

(Code 1989, § 4.50(E))

The Building Regulation Advisory Board shall, after public hearing, consider all evidence and testimony presented by the applicant, the public and the Town and make its findings and recommendations to the Town Council.

(Code 1989, § 4.50(F))

(a)

The recommendation, decision or action of the Building Regulation Advisory Board should be heard by the Town Council in the month following the final action of the Board, but in no event later than 60 days from the final action of the Board, unless a delay is requested by the applicant.

(b)

Notice of such hearing shall be sent to the applicant and Owner of property as provided in section 2-79. All further administrative action shall be stayed until the matter is determined by the Town Council.

(Code 1989, § 4.51(A), (B); Ord. No. 503.06, § 2, 3-2-06)

(a)

The Town Clerk and/or Town Manager shall place the matter on the regular or special agenda of the Town Council and issue public notice:

(1)

By certified mail, return receipt requested, and by regular mail to all property owners within the corporate limits of the Town of Golden Beach who are within 300 feet of the affected property if real property is the subject matter; and

(2)

By posting on the bulletin board at the Town Hall.

(b)

The notice shall contain a brief statement identifying the applicant and indicating the place and time of hearing and the nature of the matter.

(c)

All interested parties may appear before the Town Council. All evidence and arguments presented shall be given consideration. Submission of a written statement is invited and encouraged.

(d)

The Town Council's action shall be final.

(Code 1989, § 4.51(C)—(F); Ord. No. 469.2002, § 1, 2-19-02; Ord. No. 486.2004, § 1, 4-20-04; Ord. No. 503.06, § 2, 3-2-06)

Any Person, jointly or severally, aggrieved by any decision of the Town Council or the Town may apply to the Circuit Court in the Eleventh Judicial Circuit of Dade County, Florida, for judicial relief within 30 days after rendition of the decision by the Town Council. The proceedings in the Circuit Court shall be by petition for writ of certiorari.

(Code 1989, § 4.60)

An application for a zoning variance shall be accompanied by a detailed site plan showing, at a minimum, the location of proposed structures on the property, the heights of structures, landscaping, dimensions, and such other detail as required by the Building Official. Compliance with the submitted site plan shall be a requirement of any variance granted by the Council. If a variance is granted based upon the submitted site plan, a material and substantial deviation shall not be permitted without approval of the Town Council.

(Ord. No. 472.2002, § 1, 5-28-02)