(a) When considering a request for a variance the Board shall be subject to the powers and the limitation of powers set forth in Section 1131.04 of the Zoning Code and further subject to the required findings set forth in subparagraph (b) or subparagraph (c) depending on the type of variance sought. The applicant for variance shall have the burden of proof in these proceedings.
(b) Lot Area or Setback Areas: No variance to the provisions or requirements of the Zoning Code, pertaining to the lot area or setback shall be granted by the Board unless the Board has determined that a practical difficulty does exist or will result from a literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area or setback variance, has proved practical difficulty, include:
(1) Whether the property in question 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 substantially 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 government services (e.g., water, sewer, garbage, fire, police or other);
(5) Whether the property owner purchased the property with the 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;
(8) The granting of the variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans of the City of Mentor.
(c) Variances Other than Area and Lot Setback: The Board may authorize a variance, other than for lot area and/or setback, in specific cases, from the strict application of the Zoning Code; provided that it has considered the factors enumerated in subparagraph (b)(1) through (8) above, and further provided that all conditions enumerated in (1) through (5) below have been met:
(1) That the variance requested arises from such a condition which is unique and which is not ordinarily found in the same zoning district; and is created by the Zoning Code and not by an action or actions of the property owner or the applicant;
(2) That the granting of the variance will not adversely affect the rights of adjacent property owners or residents.
(3) That the strict application of the Zoning Code of which variance is requested will constitute unnecessary hardship upon the property owner or the applicant;
(4) That the variance desired will not adversely affect the public health, safety, morals or general welfare; and
(5) That granting the variance desired will not be opposed to the general spirit and intent of the Zoning Code.
(1969 Code 150.408)