(A) An applicant denied a building permit pursuant to the provisions of this chapter may file a written request with the secretary of the Planning Commission for a hearing on the denial before the Planning Commission. Within 40 days after filing of the request, the Planning Commission shall hold a hearing at which the applicant and other interested persons may appear and be heard. At least ten days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting the notice.
(B) The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:
(1) That the denial of the building permit, because of the nature of the lot or other unique circumstances, will cause substantial damage to the applicant; or
(2) That, in balancing the interest of the public in preserving the integrity of adopted plan line maps against the private interest of the owner of the lot in using his or her property, it is determined that the issuance of the building permit is required in the interests of justice and equity.
(C) The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:
(1) That, the applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area or the area defined in any adopted plan line map; or
(2) That, in balancing the interest of the public in preserving the integrity of adopted plan line maps against the private interest of the owner of the lot in using his or her property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would acquire from so using the lot.
(D) The Planning Commission may attach reasonable conditions to its decision.
(E) The applicant shall be given written notice of the action taken by the Planning Commission within 15 days of the decision.
(1966 Code, § 12B-20) (Ord. 292, § 20)