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Variance Application (VAR)


    THE FILING FEES FOR A VAR ARE $300 (non-refundable) plus $100 sign deposit (refundable)  (Non-refundable)

     605-578-3871 or 

  2. As part of the application process for the procedure listed above you will be required to do the following before your application is accepted.

    1.Discuss proposal with Lawrence County Planning and Zoning Department.

    2.Complete the application, sign and return with payment to the Planning Department. Application must include the following items:

    € Drawing of your lot showing all property lines and dimensions of the lot. (Plat shall be provided)

    € Location of all existing and proposed structures.

    € All setbacks measured from all property lines and roads, streets, easements or section lines, etc.

    € All incidental uses such as wells, septic tanks, drainfields, waterways, driveways, utilities, slopes, etc.

    €  A written summary explaining the reasoning why you are asking for the variance. It is helpful if your written summary includes:

    -What particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out?

    -Explain how the conditions upon which the application for a variance is based would not be applicable generally to other property within the same zoning classification or other property substantially similar in use.

    -Explain how the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located.

    -Explain how the proposed variance will not unreasonably impair: an adequate supply of light and air to adjacent property; increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or diminish or impair property values within the area.

    -Explain that because of circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

    -Explain that the variance, if authorized, will represent the minimum variance that will afford reasonable relief and will represent the least modification desirable of the zoning regulations.

    -If asking for a height regulation variance, then you need to explain why?

    -If the Board of Adjustment, under its authority to grant variances, would decide to impose reasonable conditions on the Variance request, would you be willing accept these conditions?

    3. You will at least 2 meetings to attend, possibly more.

    a. Informational meeting in front of Planning & Zoning

    b. Public Hearing in front of County Commissioner

    4.You are required to do sign all documents needing your signature and return to the P & Z Office prior to the  County Commission Public Hearing  and POST THE NOTICE signs on property at least 10 days prior to hearing.

  3. Requested Variance For:*
    Please choose one of the following:
  4. Current/Surrounding Zoning of Existing Property*
    Please choose all that apply.
  5. Fill this in with a short answer with your reason for the requested variance.
  6. Acknowledgement*
    The Owner, Applicant, or Authorized Agent, acknowledges: That he/she has read and received a copy of the instruction sheet and this application form concerning the filing and hearing of this matter; that he/she authorizes the Lawrence County Planning Department staff and designees to enter onto and inspect the above described property; and that he/she has been advised of the fee requirements and they have been paid on this date.
  7. Electronic Signature Agreement
    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.
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