Alabama Attorney General Opinion 1979-0182

CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 3 19i8 OFFICE OF THE ATTORNEY GENERAL 2q- o /g< 4, 16 0 Lin L. HALE DEPUTY ATTORNEY 41LNIFIAL WILLIAM M. SCRUFFS. JR . EXECUTIVE ASSISTANT ADMINISTRATIVE 411011.01141.4 64 NORTH UNION MONTGOMERY, ***** AREA 110111. 6301110 Mrs. Luberta W. Portis Chairperson Prichard City Planning Commission City Hall Prichard, Alabama, 36610 Municipalities-Zoning-Prichard Planning Commission Zoning Board of Adjustment may, only if conditions of Section 11-52-80 (d) (3) are met, permit a variance. Dear Mayor Allen: This office has received your opinion request under date of March 6, 1979. The question presented is: Can the Board of Adjustment grant a variance of a use where said use is expressly prohibited under the terms and conditions of the Zoning Ordinance in that district? Code of Alabama 1975, 511-52-80(d)(3) provides that the board of adjustment shall have power, as follows: To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result WALTER S. TURNER C HIE F ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT Mrs. Luberta W. Portis Page Two in unncecssary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. Numerous decisions of the Supreme Court of Alabama have upheld this grant of power noting that there must be strict compliance with the terms of the statute. Priest v. Griffin, 284 Ala. 79, 222 So.2d 353 (1969); Zoning Board of Adjustment v. Wri ht, 283 Ala. 654, 220 So.2d 261 (1969); City of Mobile v. Lee, 274 Ala. 344, 148 So.2d 642 (1963). It is, therefore, the opinion of this office that the Zoning Board of Adjustment may grant a variance only where all the requirements of Section 11-52-80(d)(3) are fully met. I do hope that this response sufficiently answers your inquiry. If we may be of further assistance, please do not hesitate to contact us. Sincerely yours, CHARLES A. GRADDICK Attorney General By- CAROL JEAN SMITH Assistant Attorney General CJS/sa