Sulphur Citizen Concerned that Land Use Variances Have Been Illegally Granted
Local citizen Donnie Fuslier spoke at the September 10, 2018, Sulphur City Council meeting. Mr. Fuslier believes the Board of Zoning and Adjustment (BZA) illegally granted multiple variances to Belle Partners for their Cedars Subdivision project. He says that there is no way Cedars met all the criteria to be granted a variance. One specific piece of information he pointed out is that he was told: “If we did not grant these variances, we are not going to build.” , and that directly conflicts with Section 4, Paragraph 5, (g) that states “The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party(s).”
Fuslier also officially requested that future land use and Board of Zoning meetings be recorded as the city council meetings are.
Video of Donnie Fuslier speaking at the city council meeting.
This video starts approximately 36 minutes into the video when Mr. Fuslier begins speaking.
Land Use Procedures for Variances in Sulphur, LA
Section 4. – Variances.
(5) Review Criteria. No variance shall be authorized unless the Board of Adjustment finds that all of the following conditions exist:
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.
(b) Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
(c) The special conditions and circumstances do not result from the actions of the applicant or any other person who may have or had interest in the property.
(d) Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands, structures, or buildings in the same district or similarly situated.
(e) The variance, if granted, will not alter the essential character of the locality.
(f) Strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.
(g) The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party(s).
(h) The proposed variance will not impair an adequate supply of light and air to adjacent property, or increase substantially the congestion in the public street, or increase the danger of fire, or endanger the public safety.
Post made by Mr. Fuslier on his Facebook Page “Donnie Fuslier – Concerned Citizen of Sulphur”
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