Section 125.1948. Variances; procedure.

(1) The commission may authorize under section 18(5) of the act the department to enter into agreements with community developers, owners, operators, or authorized agents for the purpose of granting a variance to the community design and construction rules promulgated by the director.

(2)     An applicant may file a request with the department for a specific variance if the specific requirement would  cause  an  exceptional   practical difficulty.

(3)      An applicant shall file with the municipal clerk's office, all residents on home sites immediately adjacent to the place for which  a variance is being requested, and the Michigan department  of  environmental quality, if the variance is to or would impact on public health regulations, a notice of the request at the time the request is filed with the department. A complete request that contains all of the information specified in this subrule shall be filed before the department considers the request under subrule (1) of this rule or not less than 30 days before any commission meeting at which it is to be considered. The request shall be in writing and shall include, but is not limited to, all of the following information:

(a)    The specific citation of the rule requirement.

(b)     Specific reason or reasons for the variance.

(c)      A statement describing why the condition caused by the requirement is not so general or recurring that consideration should be given to amend the rules as the most practical means to rectify the difficulty.

(d)    A statement describing the difficulty encountered  if  the  specific requirement of the rule was literally applied.

(e)     A statement describing the difficulty encountered  in   ensuring  the protection of the health, safety, and welfare of community residents if the specific requirement of the act or these rules  was  literally applied,  if applicable.

(f)     If a variance is requested for a specific home site, then the applicant shall provide all the following information:

(i)     When the home site and all adjacent home sites were built.

(ii)     When the home on the home site and all adjacent homes were installed.

(iii)     The location of the hitch and all outside doors of the home on the home site.

(iv)      The distance between the home on the home site and all adjacent homes, structures,  sidewalks,  internal  roads,  and  community  boundaries.        The   distance

information shall be accompanied   by  an  affidavit  signed  by  the community owner or operator verifying the accuracy of all measurements.

(g)     Any other specific information and data pertinent to justification for the specific variance.

(4)     The applicant or an authorized representative of the applicant shall attend any commission meeting at which a variance request will be considered and be prepared to explain the request.

(5)          A municipality, a resident, or a representative of the department of environmental quality, as described in subrule (3) of this rule, may submit comments relative to the request verbally at the commission meeting at which the variance will be considered or in writing. Any submitted comments shall be considered by the commission or the department in approving or denying the request.

(6)         If a community developer, owner, or operator or a local government is aggrieved by a decision of the department under subrule (1) of this rule, then the aggrieved party may petition the commission for a hearing in compliance with the requirements of 1969 PA 306, MCL 24.201 et seq.

(7)      This rule does not apply to a request for a variance to a local ordinance, zoning requirement, or local rules which may be granted only by local government under section 18(4) of the act.

History: 1979 AC; 1998 AACS; 2003 AACS.