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a. That there are exceptional, unique, or extraordinary <br /> circumstances or conditions applying to the property <br /> in question as to the intended use ot the property <br /> that do not apply generally to other properties in <br /> the same zoning district; <br />b. That such variance is necessary for the preservation <br /> ~nd enjoyment of a substantial, property right similar <br /> to that possessed by Other properties in the same <br /> district and in the same vicinity. The possibility <br /> of increased financial return shall not in itself be <br /> deemed sufficient to warrant a variance; <br />c. That the authorizing of such variance will not be <br /> of subs. tantial detriment to adjacent property and . <br /> will not materially impair the intent and purpose <br /> of this ordinance or the public interest; <br />d. That the condition' or situation ol'.the specific <br /> piece of property, or the intende~ use of said- <br /> property, for which the variance is sbught, is <br /> not of so general or recurrent a nature as to <br /> make reasonably practicable the formulation of <br /> a general regulation tor such conditions or situa- <br /> tion; ' <br /> e. That the variance observes the spirit and intent . ~ <br /> of this ordinance, produces su6stantial justice and <br /> is not contrary to the public interest- <br /> <br />170.018F CONDITIONS I~~OSED . <br /> <br />In granting a variance, the Board oi Adjustment may impose conditions <br />to insure compliance and to protect adjacent properties ~ <br /> <br /> 1. Within sixty (60) days_~fter receipt of filing of a <br />request for a variance or an appeal from an administrative order or <br />determination, the Board of Adjustment shall hold a public hearing <br />thereon, .~nd shall hear such persons as wish to be heard, either in' <br />person or.by agent or attorney- Notice of such hearing shall be <br />published in a newspaper of general circulation at least ten (10) days <br />prior to the date of hearing. In addition, notice of such hearing <br />shall be mailed not less than ten (10) days before the date of hear- <br />ing to the person or persons who filed the aPpeal or request, and <br />in the case of a request for a variance, to each owner of property <br />situated wholly or partly within three hundred fifty___(350) f_eet of <br /> <br /> property to which the variance relates-, A m~qp containing <br /> the . . ' : . _ . ~ , ~ . ~ .'~ ~. ' - -.f <br /> three hundred I~ ty (350) <br /> and addresses of property owners wit. hin <br />, names <br /> feet of the p'roperty whereon the Variance is requested shall he submitted <br /> with, and made a part of, th~ application for variance. <br /> 2. within a reasonable time after the hearing, the Board of <br /> Adjustment shall make its order deciding the matter and serve a copy <br /> of such order upon the appellant or the petitioner by mail. If the <br /> city council does not act as the Board of Adjustment, the Board of <br /> Adjustment's decision may be appealed to the city council. The city <br /> _ . ~ ~ _~ Adjustment's minutes, records <br /> · Doaru o~ <br /> council, after review oI the --.=.. -~= Board of Adjustment's <br /> and fi]es, may affirm, reverse, or moa~y ~,,~ <br /> action. If the city council acts as the Board of Adjustment, or a~ter <br /> the city council acts on a Board of Adjustment's decision, this shall <br /> be the final action ot the city On the variance application- <br /> <br /> <br />