| | | (1)__The proposed building must be built at the | | location on the lot that is the greatest distance | | reasonably possible from the beach face, as | | determined by the department. |
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| | | (2)__The proposed building must be elevated on posts | | as described in section 480-BB, subsection 5. |
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| | | (3)__The total area covered by a building may not | | exceed 20% of the total area of the undeveloped lot. | | Up to 500 square feet of additional development may | | occur on the undeveloped lot in order to provide | | parking and access, including access for the purposes | | of meeting__requirements established by the Americans | | with Disabilities Act. |
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| | | As a condition for the issuance of a variance, the | | department may require sand dune mitigation and | | enhancement measures.__Sand dune mitigation and | | enhancement measures include activities such as | | restoration of the dune topography, including the | | elevation of the crestline to the 100-year flood or wave | | runup level, and provisions to enhance with native | | vegetation the portions of the lot not covered by | | buildings or parking areas. Sand dune mitigation and | | enhancement measures must be completed and adequately | | maintained if required by the department. |
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| | | C.__A variance may not be granted under this section when | | a permit has been granted under this variance provision | | for the same deeded lot if the previously permitted | | building on the lot was destroyed by the encroachment of | | water or an ocean storm.__A variance may not be granted | | under this section if the building was previously | | reconstructed as pursuant to section 480-BB, subsection 3, | | paragraph A. |
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| | | D.__In addition to the notice requirements determined by | | rule, any person applying for a variance under this | | section must send a notice of intent to file the | | application by certified mail to any person who owns land | | located within 150 feet of the boundary of the property to | | be developed. |
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| | | 2.__Variance from sand and water movement.__The department | | may grant a variance from section 480-BB, subsection 5 if the | | department determines that the following condition has been | | met. |
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| | | A.__The department finds that strict application of the | | standard contained in section 480-BB, subsection 5 would | | result in undue hardship.__The department may find that | | undue hardship exists only when: |
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