State ex rel. Markdale Corp. v. Board of Appeals

While other issues are raised in the briefs, we deem the following two are determinative of this appeal :(1) Does self-created hardship afford a sufficient statutory basis for a board of zoning appeals granting a variance ?(2) Do the facts in the instant case establish beyond dispute that the hardship relied upon for the variance was self-created ?

Sec. 62.23 (7) (e) 7, Stats., provides in part as follows:

“The board of appeals shall have the following powers: ... to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public…