Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
134 - CAPITOL PLANNING COMMISSION
Chapter 1 - CAPITOL AREA RULES AND REGULATIONS
Sec2 134-1-7 - Variance & Appeals
Subsection 134-1-7-2 - Variance Standard
Universal Citation: 18 ME Code Rules ยง 134-1-7-2
Current through 2024-38, September 18, 2024
The Capitol Planning Commission, by 2/3 majority vote, may grant a variance only where strict application of the regulations, or a provision thereof, to the applicant and his property would cause undue hardship. The works "undue hardship" as used in this subsection mean:
A. That the land in question cannot yield a reasonable return unless a variance is granted;
B. That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and
C. That the granting of a variance will not alter the essential character of the locality.
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