§ 30-243. Variances and appeals.

(a)

No variances, waivers or modifications of any applicable federal, state or county regulation may be granted, except through the specified procedures already established for such regulations.

(b)

Following application to the county engineer, variances from other provisions of this article may be granted if:

(1)

The enforcement thereof would do manifest injustice and would be contrary to the intent, purpose and spirit of this article; or

(2)

When the result of the proposed variance equals or exceeds the minimum requirements of this article.

(c)

Any application for a variance from the provisions of this article must include documentation of the current physical conditions on the site, alternatives from the applicable provisions of this article, cost estimates, soil reports or other creditable data required to support or justify the requested variance.

(d)

The county engineer shall notify the applicant in writing of his decision in granting or denying the variance.

(e)

Any applicant for a variance aggrieved by the decision of the county engineer may file a notice of appeal to the board of county commissioners within fifteen (15) days after the decision of the county engineer is rendered. A hearing on the appeal shall be held by the board of county commissioners. Notice of the hearing shall be sent to the applicant by regular U.S. mail. Following the hearing on the appeal, the board of county commissioners may reverse, affirm or modify the decision of the county engineer. The decision of the board of county commissioners shall be final.

(Code 1965, § 32-77; Ord. No. 86-20, § 1, 8-25-86)