Where, in a specific case, an application for a variation is made in writing to the Board of Appeals explaining that because of certain exceptional conditions peculiar to the applicant's property or its environment that strict application of the regulations of the Zoning Ordinance would result in practical difficulties and particular hardship upon the owner, the Board of Appeals shall consider the case at a public hearing, fifteen (15) days' notice of which shall have been given as prescribed by statute, and shall determine and record all the facts that tend to sustain or fail to sustain the granting of a variation from the requirements of the Zoning Ordinance. If the Board of Appeals determines, by a concurring vote of a majority of a quorum, that the proposed variation or modification of it will not: a) reduce the minimum area or dimension nor increase the maximum dimensions by more than fifty percent (50%), b) impair an adequate supply of light and air to adjacent property, c) increase the congestion in public streets unreasonably, d) increase the hazard of fire, e) endanger the public safety, f) diminish or impair the values of property within the surrounding areas, or g) in any other respect impair the public health, safety, morals, comfort and welfare of the people, it shall adopt a motion embodying such findings and recommend to the Mayor and Board of Trustees that a variation be granted subject to such conditions, if any, as the Board deems necessary.
(Ord. 747, 5-11-1971; amd. 1992 Code)
Statutory reference:
5 ILCS 100/10-5