Planning and Development
2725 Judge Fran Jamieson Way
Building A, Room 114
Viera, Florida 32940
(321) 633-2070 Phone
Is the variance request due to a Code Enforcement action: Yes No
If yes, please indicate the case number and the name of the contractor:
Case Number: ________________________
Contractor: ____________________________________
A variance may be granted when it will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary and undue hardship. The term “undue hardship” has a specific legal definition in
this context and essentially means that without the requested variance, the applicant will have
no reasonable use of the subject property under existing development regulations. Personal
medical reasons shall not be considered as grounds for establishing undue hardship sufficient
to qualify an applicant for a variance. Economic reasons may be considered only in instances
where a landowner cannot yield a reasonable use and/or reasonable return under the existing
land development regulations. You have the right to consult a private attorney for assistance.
In order to authorize any variance from the terms of this chapter, the Board of Adjustment shall
find all of the following factors to exist:
1. That special conditions and circumstances exist which are not applicable to other lands,
structures, or buildings in the applicable zoning classification.
Applicant Response:
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Revised 06/18/19
2. That the special conditions and circumstances do not result from the actions of the
Applicant Response:
3. That granting the variance requested will not confer on the applicant any special
privilege that is denied by the provisions of this chapter to other lands, buildings, or
structures in the identical zoning classification:
Applicant Response:
4. That literal enforcement of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the identical zoning classification under
the provisions of this chapter and will constitute unnecessary and undue hardship on
the applicant:
Applicant Response:
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5. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
Applicant Response:
6. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare:
Applicant Response:
I fully understand that all of the above conditions apply to the consideration of a variance and
that each of these conditions have been discussed with me by a Planning and Development
representative. I am fully aware it is my responsibility to prove complete compliance with the
aforementioned criteria.
Signature of Applicant
Signature of Planner