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Ms. Brenda Krueger <br />Page Two <br />..November 30, 1984 <br />these two types of applications are different. In the <br />case of a special use permit, Section 4-540(c)(6) <br />specifies the conditions which must be met. These <br />conditions are not necessarily related to hardship. A <br />land owner might establish conditions .which meet the <br />requirements of Section 4-540(c)(6) without being able <br />to demonstrate a hardship within .the meaning of the <br />variance section of the code. On the other hand, <br />construction of a fence in a certain configuration or <br />location might be made necessary by circumstances <br />unique to the property and therefore justify a variance <br />even though the conditions listed in Section 4-540(c)(6) <br />are not satisfied.' <br />Therefore, in my opinion, a land owner would be <br />entitled to apply for either a special use permit or a <br />variance. This is not to say, however, that these two <br />methods may be used interchangeably. Whichever method <br />is chosen, the applicant must follow the procedural <br />requirements of the ordinance (relating to notice, <br />hearing, and the like) and the standards for consideration <br />must be those applicable to the application. For <br />example, the City cannot grant a variance upon the mere <br />showing that the requirements of the special use permit <br />ordinance are met. <br />If you have any further questions-, please feel <br />free to call. <br />Very truly yours, <br />.. - <br />Charles L. LeFevere <br />CLL:lr <br />