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Similar wording can bo found in hundreds of other zoning ordinances, <br />M any professional planner will confirm^ All such ^'boiler plate*' <br />laws have been developed over the years us the need for them has become <br />apparent. They have been worked out through trial iind error to solve <br />frequently recurring proMoros, and they have been well tested in the <br />courts- Any Comuil ignoring the n'?od or tVe tested solution does <br />so at its peril. <br />Conceivable, in very npotlal and jnique circumstances, the general <br />rulo may work an injustice For this reason, lacst, if not all, such <br />ordinances do peiT.it vnriai'.cofl, (Irene*s variance procedure is covered <br />in Sections 52,300 32 57* , ThJ application for a variance must state <br />the "exceptional c»indi:lc?n!; and peculiai end practical difficulties <br />claimed as a basis tor a v.-jria.icc" The appllcotlon must be referred <br />to the Planning Conmlssion "for study ccncerninj- the effect of the <br />proposed variances upon t ho Comprohenslvc Guide Flan ,7nd on tho <br />characteristics of tue nflghbovhood; and for its recommendation to the <br />Village Council for tlie i.runtiag of such variance so t»s to ro3 ievf <br />such difficulties or n.aro?.hlp to the deproe cenridered rocsonable <br />without irap.iirir.g the Intri.t aid purpose of the zoning cocc,. <br />The Council must then coi ; Ldor the advice-. ;ind reco.mmendat Jon of the <br />Planning Comalsrion and tho effect of the- proposed variance upor. the <br />health, safety and welfare of the cormuriitv oxi.stiig and cntici^ted, <br />traffic conditions, light .ind air, danger of fire, risk tc tHe pul^ic <br />safety, and the effect or. ’ alues of property' in the surroinidin® aro.n <br />In addition, it must fine hat the variance will not \e centratT' to <br />the intojtyt of tho^ t and that the granting of sucTF"a^vaffance <br />wili. nof 'mbveiv serve is'a convenieuca to the cppllcant, but is ntcessan* <br />€6 ~il I CVj^r, 'aeiwhs rf .nn c Vi ritih i*i' ~oT'd 5 f fTcu f ty :- - - <br />We have had only two >ipp3ioations for gur.’.ges on ' *psrace lots since <br />passage of this ordinance, one by Stanley Rudd in 19C8 and one by <br />Sigrid Johnson in 1969, Both applications wore very carefully received <br />by tha Planning Commiaaicn On the basis of the criteria mentioned <br />above, the Planning Commission turned doicr. both of these applications,. <br />In the Hudd case, the Coi-ncil nevertheless approved the variance at <br />its March 10, 1969 meeting by a uanninouf; vote, and { unJersceii'l <br />construction of the garage has beer, started, I also understand one <br />of the neighbors is planring to bring suit against the Village, claiming <br />that the garage will dopvcclate the value ov bis property My guess <br />i'i that he can rather ansiJy win his cas t and force removal of the <br />structure. \t that poim , Mr, Rudd will probably sue tho Viilrgo for <br />the expenses involved .nnd the inconvenience caused him by the wronaf"! <br />granting of his epplicatio,,,. <br />T.io Council has not y^t acted on the .Tchsison applicaticm <br />A conference with the Vill'ige Attorney on both r,iatters would scorn <br />appropriate. <br />If tho Council really do^'s want to rnakc i general prartlco of poinlttiug <br />garages on ioparato lots it could do so by amerdlng the coning code <br />to pvovide for >iich strur-tures on a conditional use. Any such m.njcr <br />change in the zoning code yould reoinre -.Miblic hearings a«: specified in .Sections 32,S30 und * r .