Marvin Mandel, Governor                       1909

may, at any time, negotiate for or secure from the owner or owners
of any such lands releases of claims for damages or compensation
for such reservations or agreements indemnifying the [municipal-
ity] county or municipal corporation from such claims by others,
which releases or agreements shall be binding upon the owner or
owners executing the same and their successors in title. At any
time after the filing of a plat with the county recorder, and during
the period specified for the reservation, the planning commission
and the owner of any land containing a reserved street location
may agree upon a modification of the location of the lines of the
proposed street, such agreement to include a release by said owner
of any claim for compensation or damages by reason of such modi-
fication; and thereupon the commission may make a plat corre-
sponding to the said modification and transmit same to [council]
the local legislative body; and if such modified plat be approved by
[council] the local legislative body, the clerk of [council] said body
shall transmit an attested copy thereof to the said county recorder
or recorders, CLERK OF THE CIRCUIT COURT, and said modi-
fied plat shall take the place of the original plat. At any time
[council] the local legislative body may, by resolution, abandon any
reservation and shall certify any such abandonment to the said
county recorder or recorders. CLERK OF THE CIRCUIT COURT.

6.02 Control of [Building] Development in the Bed of Mapped
Streets

From and after the recording of any street plat approved by
[council] the local legislative body, as provided in Section [31] 6.01
of this [subtitle] article, no permit shall be issued for any [build-
ing] development on any part of the land between the lines of a
proposed street as thus platted [:]; provided, however, that the
board of zoning appeals of the [municipality] jurisdiction in which
the location of such platted street lies, or a special board of appeals
which may be created for the purpose of the [council] local legis-
lative body of the [municipality] jurisdiction, shall have the power,
upon an appeal filed with it by the owner of any such land and by
a vote of a majority of its members, to grant a permit for a
[building] development in such platted street location in any case
in which such board finds, upon the evidence and arguments pre-
sented to it upon such appeal: (a) That the entire property of the
appellant, of which such reserved street location forms a part, can-
not yield a reasonable return to the owner unless such permit be
granted; and (b) that, balancing the interest of the [municipality]
county or municipal corporation in preserving the integrity of such
street plat and of the municipal plan and the interest of the owner
of the property in the use of his property and in the benefits of
the ownership thereof, the grant of such permit is required by con-
sideration of reasonable justice and equity. Before taking any such
action the board of appeals shall give a hearing at which the parties
in interest shall have an opportunity to be heard. At least fifteen
(15) days' notice of the time and place of such hearing shall be
given to the appellant by mail at the address specified by the appel-
lant in his appeal petition and shall be published in a newspaper
of general circulation in the [municipality] jurisdiction. In the
event that the board of appeals grants a [building] development
permit in any such appeal it shall specify the exact location, ground
area, height, and other details as to the extent and character of the

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