Regulation .10 Variance.
Regulation .10 Variance.LinkCopy Citation
A.
An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§5-1601—5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.
B.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property which would cause the unwarranted hardship;
(2)
Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
(3)
Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;
(4)
Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;
(5)
Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and
(6)
Verify that the granting of a variance will not adversely affect water quality.
C.
The Department shall make findings that the applicant has met the requirements in §§A and B of this regulation before the Department may grant a variance.