7-2-3: APPEAL TO BOARD OF ADJUSTMENT:
   A.   Authority: Any owner of land within or bordering a street for which the official map has been adopted and for which a building permit has been refused by the building inspector may appeal to the board of adjustment.
   B.   Permit Issuance; Findings Required: The board of adjustment shall have the power to authorize the grant of a permit for a building or structure or part thereof within or adjoining any mapped street location upon finding:
      1.   That the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or
      2.   That, in balancing the interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by a consideration of justice and equity.
   C.   Public Meeting: Before taking any action, the board of adjustment shall hold a public meeting thereon.
   D.   Conditions May Be Imposed: In the event that the board of adjustment decides to authorize a building permit, it shall have the power to specify the exact location, yard and ground area, height, and other details, and conditions of extent and character as it may determine, and also the duration of the building, structure or part thereof to be permitted. (Ord. 650, 11-1-2005)