(a) When considering a request for a variance the Board shall be subject to powers and limitations of powers set forth in Article X Section 10.02
of the Charter of the Village of Richfield and further subject to the required findings set forth in Section 1107.09
(b) or Section 1107.09
(c) depending on the type of variance sought. The applicant for a variance shall have the burden of proof in these proceedings.
(b) No variance to the provisions or requirements of the Zoning Code, pertaining to area zoning requirements such as frontage, setback, and height shall be granted by the Board unless the Board has determined that a practical difficulty exists 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 special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to the lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structure;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment if the variance is granted;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer ,trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the owner;
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
(9) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or buildings in the same district.
(Ord. 25-2011. Passed 9-20-11.)
(c) Subject to Article X, Section 10.02 of the Charter of the Village of Richfield, the Board may authorize a variance, other than for area zoning requirements such as frontage, setback and height, in specific cases, from the strict application of the Zoning Code, provided that it has considered the conditions enumerated in (1) through (7) below have been met:
(1) The variance requested stems from a condition, which is unique to the property at issue and not ordinarily found in the same zoning district;
(2) The hardship condition is not created by actions of the applicant;
(3) The granting of the variance will not adversely affect the rights of adjacent owners;
(4) The granting of the variance will not adversely affect the public health, safety, or general welfare;
(5) The variance will be consistent with the general spirit and intent of the zoning code;
(6) The variance sought is the minimum which will afford relief to the applicant; and
(7) There is no other economically viable use, which is permitted in the zoning district. (Ord. 13-2019. Passed 7-2-19.)