The board's authority to grant variances serves the purpose of giving the ordinance some flexibility when a land use question arises in the community that has not been anticipated by said ordinance. To be granted a variance, the property owner must show that unnecessary hardship is caused by the ordinance. The Board of Appeals acts as an agent of the local government in deciding variance requests as it upholds the intent of the zoning ordinance while ensuring substantial justice for the property owner. The board consists of seven members, appointed by the Mayor, who are volunteer citizens of the City of New Berlin. The board is considered to be a quasi-judicial body because it acts somewhat like a court as it follows accepted procedures and evaluates the relevant facts in each case that is heard at the public meeting.
Meetings are open to the public.
The purpose of the hearing is to gather relevant facts on which the board then bases a decision as to whether the applicant is entitled to obtain a variance from the ordinance in question. The session of the meeting in which the board deliberates each case, and makes the final vote, is also open to the public. The fee is payable at the time the variance is applied for with the Inspection Department. The variance request must be specific. The present code requires 35 feet of rear setback.