§ 50-497. Variances, recordation and error.

(a)

Variances. If the enforcement of any of the provisions of this article would be impracticable or would work an undue hardship upon any person, following an application for variance from the provisions of this article by the applicant, and following recommendation by the planning commission on the application for variance, the board of county commissioners may waive any of the provisions of this article and grant such variance. Any such waiver shall not be deemed a continuing waiver of such provisions, nor shall such waiver abrogate or impair the effectiveness of such provisions.

(b)

Recordation. The county clerk shall record in the public land records of the county any map prepared and adopted by the department of transportation or any other governmental agency as its official right-of-way map after the map has been approved. The county clerk shall use special plat books provided by the appropriate governmental authority for such maps, and which shall be kept with the plat books. The county clerk shall make available to the public a full size copy of the right-of-way maps at a reasonable fee.

(c)

Error. If an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this article is detected by subsequent examination or revealed by a retracement of the lines run during the original survey of the lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omission was made. However, the person making the affidavit must state that he made a resurvey of the subject property in the recorded subdivision within the last ten days and that there is no evidence that would conflict with corrections as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that, in his opinion, should be substituted for the erroneous data shown on such plat or added to the data on such plat. Where such an affidavit is filed, it is the duty of the county clerk to record such affidavit and he may place in the margin of such recorded plat a notation that the affidavit has been filed, the date of filing, and the book and page where it is recorded. The affidavit shall have no effect upon the validity of the plat or on the information shown thereon.

(1991 LDR ch. 71, art. 7; Ord. No. 2007-03, § 10, 7-17-2007)