A. Any person aggrieved by any decision of the Village in the enforcement of any terms or provisions of this Section may, within ten working days after the date of the decision, appeal to the Tree Board by filing a written notice of appeal with the Village Clerk. The notice of appeal shall set forth concisely the decision and the reasons or grounds for the appeal. The Tree Board may make a recommendation to the Village Board to affirm, modify, or reverse the decision. The decision of the Village Board shall be final and no petition for rehearing or reconsideration shall be available. Reasonable notice of the hearing by the Tree Board shall be provided by the Village Clerk to all affected parties.
B. No variances in the strict application of the provisions of this Section shall be recommended for approval by the Board unless it finds:
1. That there are special circumstances or conditions, fully described in the written notice of appeal which are peculiar to the property (properties) and do not apply generally to properties within the Village, and that said circumstances or conditions are such that the strict application of the Code would deprive the applicant of the reasonable use of the subject property (properties).
2. That for reasons fully set forth in the written notice of appeal, the granting of the variance is necessary for the reasonable use of the property (properties) and that the variance, as recommended for approval by the Board, is the minimum variance that will accomplish this purpose.
3. That the result of granting of the variance will be in harmony with the general purpose and intent of standards set forth within this Code and in harmony with this Section, and will not be injurious to adjacent property or otherwise detrimental to the public welfare. (Ord. 2023-1365, 5-10-2023)