Following staff review and notice requirements, the Board of Adjustment holds a public hearing on the variance request, and, at the close of the public hearing will act to approve, approve with conditions, or deny the application based on the criteria below. A concurring vote of at least three members of the Board of Adjustment shall be required to approve any variance request.
A variance shall be granted upon an affirmative finding by the Board of Adjustment that all of the following exist:
Finding of Fact
- The application of the ordinance to the particular piece of property would create an unnecessary physical (not economic) hardship because the property cannot be used for an otherwise allowed use without coming into conflict with applicable site development standards
- Such conditions are peculiar to the particular piece of property involved and are not a result of the owner's intentional action
- Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Edmond Plan
- The variance desired shall not adversely affect the public health, safety, or welfare or impair the purposes or intent of this Title or the Edmond Plan
- The granting of the permit for the variance shall not adversely affect the rights of adjacent property owners or residents
- The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship
The Board of Adjustment shall, in making its finding on any specific case, determine the effect of the proposed change upon the:
- Supply of light and air to adjacent property
- Congestion in the public rights-of-way
- Public safety from fire and other hazards
- Established property values within the surrounding area
- Other factors relating to the public health, safety, and general welfare of the City
Every ruling made upon any variance shall be accompanied by a written finding of fact based upon the testimony received at the hearing afforded by the Board, and shall specify the reason for granting or denying the variance.
For more information, please call (405) 282-1110.