The Zoning Board of Appeals shall report its findings and recommendations in writing to Council within thirty days from the conclusion of the public hearing. In considering all proposed variances to this Zoning Code, the Board shall, before recommending that Council grant a variance, first determine and make a finding of fact that the proposed variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties or a demonstrable hardship in the way of carrying out the strict letter of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land, and that:
(a) Site Conditions. There are one or more unusual physical conditions of the site, such as size, shape, or slope, that were not created by a person having an interest in the property, that are unavoidable or uncorrectable, or that are worthy of preservation, such as a creek, wetland, or specimen trees, and that make it a substantial burden to use the property or develop the property, or otherwise result in a substantial loss of value or cause the site to be unable to yield a reasonable return, without a variance.
(b) Development Design. The variation would not merely serve the temporary social or personal convenience of an occupant, and an alternative development plan that would conform to Code would not be suitable for the uses permitted by Code and would not be typical of similar properties in the area.
(c) Community Impact. The variation would retain the essential character, scale, intensity, and open space of the area, and would be in harmony with the purposes of the Zoning Code as stated in Section 1260.02 of this Code, and would not be substantially injurious to other property, or be detrimental to public interests or adopted Village plans.
In addition, the Board shall look to, and make findings of fact in regard to, those factors set forth in Section 1260.05(b)(1) through (6) in regard to the requested variation. Such findings of fact shall be incorporated in the written report to Council.
The Zoning Board of Appeals may recommend certain limited conditions on the development subject to the variance that are necessary or appropriate to reduce the impact or injurious effect of said variance and to better carry out the general intent of the Village regulations.
(Adopting Ordinance; Ord. 1996-22. Passed 9-9-96; Ord. 2011-15. Passed 4-11-11; Ord. 2011-16. Passed 4-11-11.)