The Community of Miltonvale Park, Prince Edward Island, Canada
Bylaws of Miltonvalepark: Page 18 of 21
SECTION #17 –VARIANCES
17.1 MINOR VARIANCE
(1) Council may authorize a minor variance not exceeding ten percent (10%) from the provisions of this Bylaw if:
(a) the variance does not violate the general intent and purpose of this Bylaw;
(b) the variance is for a unique circumstance and is not a difficulty common to properties in the area;
(c) the circumstance for which the variance is requested is not the result of an intentional disregard for the requirements of this Bylaw; and
(d) there is, in the opinion of Council, no reasonable alternative.
(2) Authorization for a minor variance shall be documented and recorded in writing.
(3) No variance shall be granted where the difficulty experienced is the result of intentional or negligent conduct of the applicant in relation to the property.
17.2 VARIANCES GREATER THAN 10%
(1) Notwithstanding any other section of this Bylaw, Council may authorize variances in excess of ten percent (10%) variance from the provisions of this Bylaw if:
(a) the variance meets the provisions of subsection 17.1;
(b) the owners of adjoining properties have been notified of the proposed variance, and given the opportunity to comment on the matter.
(2) Where Council deems that a variance application could have a significant affect on adjacent properties or properties in the general vicinity, Council may require that a public meeting be held pursuant to the provisions of Section 18.6.