Gadsden Bd. of Adj. v. Vfw Post 8600

This is a zoning case.

The Board of Adjustment (Board) of the City of Gadsden (City) denied the request of VFW Post 8600 (VFW) for a variance from the City's flood control ordinance. VFW appealed the denial to the Circuit Court of Etowah County, which entered a judgment granting the variance to VFW.

The Board appeals. We reverse and remand.

A variance from the terms of a zoning ordinance should be granted sparingly and only under peculiar and exceptional circumstances of unnecessary hardship. Ex parte Chapman,485 So.2d 1161 (Ala. 1986).

A variance may be granted "where, due to special conditions,…