(A) Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals’ recommendations regarding the proposed variance.
(B) The Board of Appeals shall not recommend any variance unless, based upon the evidence presented to it, it determine that:
(1) The proposed variance is consistent with the general purposes of this chapter (see § 162.001 of this chapter);
(2) Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;
(4) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(5) The peculiar circumstances engendering the variance request are not applicable to other property within the district and, therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and
(6) The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of the city’s Comprehensive Plan.
(1960 Code, § 60-12-17)