Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board of Zoning Appeals shall have the power to vary in a specific case any such provision in harmony with its general purpose and intent so that the public health, safety and general welfare may be secured and substantial justice done. In addition, an application for an area variance need not establish unnecessary hardship, but must show practical difficulties. The factors to be considered and weighed by the Board in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of his or her property include, but are not limited to:
(1) Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner's predicament can be obviated through some method other than a variance;
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. 2433. Passed 6-11-91.)