A restaurant is apparently changing ownership and the financial institution has found on a new survery that the building was built 10 feet into a 15 foot side setback and in another wing of the building is 15 feet over the 15 foot rear setback. Both encroachments are into the common greenspace for the commercial area. The financial institution is asking for a Variance claiming that it was not the original owner and therefore cannot be blamed. What are the city's options?
Do cities sometimes require off-setting mitigation as a condition for granting a Variance?