Following are the standards to be applied by the Board of Standards and Appeals in reviewing a request for a variance..

Article VII - Zoning Resolution

ZONING RESOLUTION 72-21 - VARIANCES

72-21
Findings Required for Variances

When in the course of enforcement of this Resolution, any officer
from whom an appeal may be taken under the provisions of Section
72-11 (General Provisions) has applied or interpreted a provision
of this Resolution, and there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of such provision, the Board of Standards and Appeals may, in
accordance with the requirements set forth in this Section, vary
or modify the provision so that the spirit of the law shall be
observed, public safety secured, and substantial justice done.
Where it is alleged that there are practical difficulties or
unnecessary hardship, the Board may grant a variance in the
application of the provisions of this Resolution in the specific
case, provided that as a condition to the grant of any such
variance, the Board shall make each and every one of the
following findings

:
(a) that there are unique physical conditions, including
irregularity, narrowness or shallowness of lot size or
shape, or exceptional topographical or other physical
conditions peculiar to and inherent in the particular
#zoning lot#; and that, as a result of such unique physical
conditions, practical difficulties or unnecessary hardship
arise in complying strictly with the #use# or #bulk#
provisions of the Resolution; and that the alleged practical
difficulties or unnecessary hardship are not due to
circumstances created generally by the strict application of
such provisions in the neighborhood or district in which the
#zoning lot# is located;

(b) that because of such physical conditions there is no
reasonable possibility that the #development# of the #zoning
lot# in strict conformity with the provisions of this
Resolution will bring a reasonable return, and that the
grant of a variance is therefore necessary to enable the
owner to realize a reasonable return from such #zoning lot#;
this finding shall not be required for the granting of a
variance to a non-profit organization;

(c) that the variance, if granted, will not alter the essential
character of the neighborhood or district in which the
#zoning lot# is located; will not substantially impair the
appropriate use or development of adjacent property; and
will not be detrimental to the public welfare;

(d) that the practical difficulties or unnecessary hardship
claimed as a ground for a variance have not been created by
the owner or by a predecessor in title; however where all
other required findings are made, the purchase of a #zoning
lot# subject to the restrictions sought to be varied shall
not itself constitute a self-created hardship; and

(e) that within the intent and purposes of this Resolution the
variance, if granted, is the minimum variance necessary to
afford relief; and to this end, the Board may permit a
lesser variance than that applied for.

It shall be a further requirement that the decision or
determination of the Board shall set forth each required finding
in each specific grant of a variance, and in each denial thereof
which of the required findings have not been satisfied. In any
such case, each finding shall be supported by substantial
evidence or other data considered by the Board in reaching its
decision, including the personal knowledge of or inspection by
the members of the Board. Reports of other City agencies made as
a result of inquiry by the Board shall not be considered hearsay,
but may be considered by the Board as if the data

.