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<br />POWERS AND DUTIES OF THE BOARD OF ADJU5TfvfE].,l;, LOMAX, TEXAS
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<br />The powers and duties of the Board of Adjustment are set forth in Ordinance
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<br />95, Section 16.02, which reads as follows:
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<br />Section 16.02 Powers and Duties
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<br />Where ~n its judgement the public convenience and welfare will be sub-
<br />stantially served and the appropriate use of neighboring property will not
<br />be substantially or permanently injured, the Board of Adjustment may in
<br />specific case, after public notice and public hearing, and subject to appro-
<br />priate conditions and safeguards as hereinafter set forth, authorize and
<br />shall have the power to grant the following special exceptions and variances
<br />to the regulations herein established. Applications may be acted upon affirm-
<br />atively by the Board only when all of the following conditions are present
<br />and only when the following limitations are acknowledged by the Board.
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<br />Therefore you, as members of the Board, can see that you have the power to
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<br />grant variances and special exceptions when the following conditions are present
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<br />and when the following limitations are acknowledged by the Board. What are the
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<br />conditions which must be present before you may grant a variance or a special
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<br />exception? They are as follows:
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<br />1. Conditions:
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<br />1( J;'~;" /' Therefore the Board must find all of the above conditions on any exception or
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<br />,ot"'J~;;./' variance which may be presented to them.
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<br />The applicant is the owner of the property described in the
<br />application.
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<br />The applicanj: proves that his plight i~~ due to uni~ue cir- I I .
<br />cumstances. -YOl.( ~'YI',.(d f d.;' 11, &.J it;:;.l,!. ~'~C'; f\ IS 'co,-i' 7111,'1' !I"'-l;;/"'" h ;;'h
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<br />Affirmative action upon the application will not alter the
<br />essential character or quality of the locality, and the spirit of
<br />this Ordinance will be preserved and the rights of others will be
<br />protected.
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<br />The applicant has in no way by acts of omission or commission
<br />contributed to or brought about the conditions of which he complains.
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<br />No variance shall be granted to permit in any district a use
<br />that is not a permitted use in such district, except that permitted
<br />by the following exceptions and variances. In granting,:any -variance",')
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<br />~::i:~~I~. s/~~}~~~e~ic;i_b~:~~ ~~~d;'t~~?:1;fl~.~:ems necessary' or ...~':
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<br />What are the limitations which you as a
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<br />Board are required to meet upon any variance or exception?
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<br />They are as follows:
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<br />2. Umi tations
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<br />(a)
<br />'(b)
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<br />The burden of proof shall lie upon the applicant.
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<br />( c)
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<br />~erely the claim or the proof of more profitable returns shall
<br />not b, in itself evidence of hardship.
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<br />the fact that other variances have been granted in the vicinity
<br />shall!:not in itself be regarded as reason for granting a variance.
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