Whenever a building permit is denied pursuant to this chapter, the board of appeals and adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it: a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or b) that balancing the interest of the city in preserving the integrity of the official map and of the comprehensive city plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The board of appeals and adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the board authorizes the issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other authority, board or commission having jurisdiction shall have six (6) months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances. (Ord. B-187, 3-20-2007)