Board of Zoning Adjustment v. Williams

ROBERTSON, Presiding Judge.

In August 1992 the Board of Zoning Adjustment of the City of Mobile (Board of Adjustment) denied Don Wade Williams’s application for a variance from a local zoning ordinance. Pursuant to § 11-52-81, Code 1975, Williams appealed to the circuit court for a trial de novo. On January 7, 1993, following an ore tenus proceeding, the trial court entered an order granting Williams’s request for a variance, subject to certain conditions.

The Board of Adjustment appeals to this court, contending that it was error for the trial court to grant the variance.

Where, as in this…