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Variance Request

VILLAGE OF MILFORD
1100 Atlantic
Milford MI 48381
248-684-1535

Dear Petitioner:
Below is an application to the Village of Milford Zoning Board of Appeals for a variance from or interpretation of the Village of Milford Zoning Ordinance.

To expedite your request it is important that you fill out the application as completely as possible. Applications must be filed at least twenty-five (25) days prior to the meeting at which you wish to appear. ZBA meetings are held at 7:30 p.m., the first (1) Thursday of each month in the Milford Civic Center, 1100 Atlantic Street.

You MUST include the following with your completed application:

1. Twelve (12) prints of a plot plan showing dimensions of the lot, size and location of structures (principal and accessory) and their relation to each other, and the lot lines. Drawings should be to scale and dimensioned.

2. A letter indicating the purpose of the variance and why the change is necessary for the preservation and enjoyment of substantial property rights and why such a change will not be detrimental to the public welfare nor the property of persons located in the vicinity thereof. Be prepared to explain to the Board unique or exceptional site features (irregular shape or topography, shallowness, narrowness etc.), which creates practical difficulty or undue hardship to comply with the ordinance. These conditions should not be self-created.

3. A non-refundable $200 filing fee is required, which includes the cost for notices that will be sent to all properties within 300 ft. of your property lines, notifying them of your request.

You will be mailed an agenda for the meeting at which your request will appear. Boardmembers will make an on-site visit prior to the public meeting. Please refrain from presenting your case at that time. All review and discussion must take place in the public forum. The Board will review and discuss your application and supporting documents. At the Public Hearing the Board may take one of the following actions:

1. Approve the request, subject to the terms and conditions set forth in the application.

2. Approve the request subject to amended and/or additional terms and conditions the Board feels are reasonable to maintain the public health, safety and welfare safety and welfare of the general population.

3. Issue an opinion regarding ordinance text or zoning map interpretation

4. Table the request pending clarification of questions, or issues, which may arise as a result of the Public Hearing.

5. Deny the request as not being in the interest of the public and/or contrary to the intent of the Zoning Ordinance.

If you have any further questions, or need further assistance or clarification contact the Planning Department at the Village Office, 248-684-1535.

NONUSE VARIANCE STANDARDS

The applicant must show “practical difficulty”, by demonstrating:

1. Whether strict compliance with area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render conformity unnecessarily burdensome;

2. Whether a variance would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser relaxation would give substantial relief and be more consistent with justice to others;

3. Whether the plight of the owner is due to unique circumstances of the property;

4. Whether the problem is self-created.

The ZBA must insure that the “spirit of the ordinance is observed, public safety secured and substantial justice done”.

USE VARIANCE STANDARDS

The applicant must show an “unnecessary hardship” exists, this requires demonstrating:
1. That the property could not be used (be put to a reasonable use) for the purposes permitted in that zone.

2. That the plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

3. That the use would not alter the essential character of the area.

4. That the problem is not self-created.

The ZBA must insure that the “spirit of the ordinance is observed, public safety secured and substantial justice done”.

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