Guttenberg City Zoning Code
§ 28-24.1
Hardship Variance Procedure.
[Ord. 3/87 § 6.423]
a.
The determination of the facts of the case shall indicate that the appropriate application was filed with the Enforcing Officer and was disapproved by him as not meeting the requirements of this chapter for the district in which located and the circumstances of ownership or other conditions that create the alleged hardship. The Board may, at its discretion, forward a copy of the application to the Planning Board for review.
b.
The report and recommendations, if any, of the Planning Board shall be summarized.
c.
The findings shall include the following as a minimum:
1.
The special circumstances or conditions, as described, apply to the land or buildings concerned but do not apply generally to land or buildings in the neighborhood.
2.
The circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or buildings.
3.
For reasons set forth, the granting of a variance is the only means to provide for the reasonable use of the land or buildings.
4.
The variance as granted by the Board of Adjustment is the minimum variance that will permit the reasonable use of the land or buildings.
5.
The relief afforded by the variance can be granted without substantial detriment to the intent and purpose of the Zoning Ordinance.