Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)

Citation: Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)
Parent Document: Lee v. District of Columbia Board of Appeals & Review, 423 A.2d 210 (1980)
Jurisdiction: DC (municipal)
Effective Date: 1980-11-06
Original Source: https://www.courtlistener.com/opinion/2000618/lee-v-district-of-columbia-boar... ↗

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Any owner, licensee, or operator required to perform an act by this Code may be excused by the Director or Deputy Director of [the Department of Housing and Community Development] or by the Board of Appeals and Review from the performance of such act, either in whole or in part, upon a finding by such Director or Deputy Director or by such Board of Appeals and Review that the full performance of such act would result in exceptional or undue hardship by reason of excessive structural or mechanical difficulty or impracticability of bringing the premises affected into full compliance with the requirements of this Code; Provided, that a variance may be granted only where, and to the extent, necessary to ameliorate such exceptional or undue hardship and only when compensating factors are present which give adequate protection to the public health, welfare, safety, or morals, and such variance can be granted without impairing the intent and purposes of the housing program of the District of Columbia as embodied in this Code. Such owner, licensee, or operator may submit, on his own initiative, a written request for a variance setting forth the nature of the act required to be performed, the exceptional or undue hardship which would result from its performance, and any variance from the terms of the notice and requirements of this Code which he may seek. * * *

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