BHA supports strict adherence to all planning and zoning codes and regulations, building codes, restrictions, rules, ordinances, and State and Federal laws in the belief that they have been adopted for the good of the community as a whole. Variances should be granted only if an applicant demonstrates that
1) the grant of the requested variance is consistent with the General Plan and will not be contrary to the public interest,
2) “exceptional circumstances” exist within the meaning of judicial opinions reviewing the grant of a variance, or
3) the applicant will suffer undue hardship if a variance is denied,
which, in the judgment of the BHA, decidedly outweighs the benefit to the community of strict compliance.
BHA opposes variances unless some physical condition arises, through no fault of the landowner, which interferes with the landowner’s use and enjoyment of the property in the same manner as similarly situated landowners, or the benefit to the community clearly outweighs the detriment. For example, the financial benefit to the landowner, or an increase in density for the property, are not reasons for the support of a variance.
