The Board of Zoning Appeals shall have the power, in specific cases, and with approval from Council, to vary the application of certain provisions of this Zoning Code regarding structural or lot restrictions where the enforcement of such restrictions on a parcel creates practical difficulties. In determining whether practical difficulties exist, the following factors shall be considered:
(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(b) Whether the variance is substantial;
(c) 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;
(d) Whether the variance would adversely affect the delivery of governmental services;
(e) Whether the property owner purchased the property with knowledge of the zoning restriction;
(f) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
(h) Such other criteria which the Board believes relates to determining whether the zoning regulation is equitable.
In determining whether practical difficulties exist, these factors need not be all weighted equally. However, no single factor alone shall unilaterally prohibit the grant of an area variance.
(Ord. 167-93. Passed 8-15-94.)