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good faith, and by reason of its exceptional narrowness, shallowness, size or shape, topographic conditions or other extraordinary situation or condition ... the strict application of the Ordinance would effectively prohibit or unreasonably restrict the use of the property,” the suit alleges.
“Instead, the applicants produced only evidence of their personal infirmities, poor health, and financial difficulties.”
According to the suit, the BZA also failed to make findings of fact that:
—strict application of the ordinance to the Atkins’ property would produce undue hardship and that granting the variance would alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or
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