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<br />~ 6.03[2] <br /> <br />ZONING <br /> <br />6-16 <br /> <br />the sections which follow.83 It is worth noting, however, that there <br />are few limitations on a zoning board's discretion in variance cases. <br />While some courts require that the board of zoning appeals both <br />specify the standard it employs and demonstrate findings to support <br />its application of the standard,84 this is seldom a meaningful <br />constraint on administrative, and ultimately, judicial equity. Hence, <br />a landowner is well-advised to pursue variance relief in more cases <br />than the standards would ordinarily suggest. As one example, an <br />area variance may be granted even when the traditional standards <br />for a variance are not met if the deviation is de minimis and rigid <br />compliance is not necessary to further the ordinance's policy <br />concerns.84.05 <br /> <br />Research References: For further discussion of all issues relating to <br />variances, see Rathkopf, The Law of Zoning and Planning ch. 38. <br /> <br />For a discussion of the role of zoning boards in variance cases, see <br />Rathkopf ch. 37. <br /> <br />[2] Practical Difficulty <br /> <br />"Practical difficulty," the standard usually applied to area <br />variances,84.1 has not been precisely defined. However, case law <br />does suggest some general guidelines for proving the existence of a <br />practical difficulty. <br />For the most part, practical difficulty is a relative concept. The <br />benefits to the requesting party are balanced against the cost to <br />others, including the impact on the ordinance's goals (if discernible) <br />as well as the economic and noneconomic impact on the surrounding <br />neighborhood. <br /> <br />83 See generally infra ~ 6.0312]-16]. <br />84 Topanga Ass'n for a Scenic Community v. County of Los Angeles, 11 Cal. 3d <br />506,113 Cal. Rptr. 836, 522 P.2d 12 (1974); see also Medici v. BPR Co., 107 N.J. 1, <br />526 A.2d 109 (1987) (attempting to limit zoning boards' discretion by requiring <br />boards to determine whether proposed variances can be reconciled with the master <br />plan and to make specific findings supporting all their conclusions in order for such <br />boards to be upheld on appeal). <br />84.05 Stewart v. Zoning Hearing Bd. of Radnor Township, 531 A.2d 1180 (Pa. <br />Commw. 1987) (area variance granted where ordinance required one-acre minimum <br />lot size and subdivision of land left one lot with only .99966 of an acre). <br />84.1 The landowner may only need an area, rather than the more difficult to obtain <br />use, variance in the context of an application for the conversion of a single-family to a <br />duplex use. Kisil v. City of Sandusky, 465 N.E.2d 848 (Ohio 1984). <br />