If a landowner believes that a variance or administrative appeal is justified, an application must be filed with the Planning Department at least 21 days prior to the next scheduled Board meeting. The application consists of a letter addressed to the Zoning Board of Adjustment and submitted to staff, a site plan drawing to-scale, showing the proposed request, and the appropriate nonrefundable filing fee. The letter should include each of the following:
• Applicant’s name and contact information
• Address of the subject property
• Legal description of the subject property
• Detailed explanation of the variance request (see below) or detailed explanation of the administrative decision to which an appeal is requested
The detailed explanation of the request in the letter should include the description and dimension of the variance or appeal requested (i.e. variance to side yard setback); reasoning for why it should be granted; and explanation of the hardship incurred if the variance or appeal is not granted.
In the case of a variance consideration, it is up to the applicant to prove to the Board that strict application of the ordinance will result in an unnecessary and undue hardship.
In the case of an appeal, it is up to the applicant to provide a reasonable alternative to the administrative decision supported with facts.