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Entry Properties
Last modified
7/17/2007 1:56:56 PM
Creation date
6/3/2005 1:34:00 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3377
Planning Files - Type
Miscellaneous
Project Name
Minor Variance History
Applicant
City of Roseville
Status
Non-Active
Additional Information
1974 - 1991
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<br />6-17 <br /> <br />PROCEDURES <br /> <br />~ 6.03[2] <br /> <br />Rather than precisely defining practical difficulty, courts have a <br />tendency to list the criteria for ascertaining its existence. One court <br />found that "practical difficulty" is present where the requested <br />dimensional change is minimal and the harm to the applicant denied <br />a variance will be greater than the probable effect on neighboring <br />properties if the variance is granted.8s In that case, the court <br />determined that the board of adjustment should consider the <br />following factors in weighing the costs and benefits of granting a <br />variance: the nature of the zone in which the property lies, the <br />character of the immediate vicinity and the uses intended therefore, <br />whether, if the restrictions were removed, neighboring property <br />would be seriously affected, and whether, if restrictions were not <br />removed, they would create unnecessary hardship or exceptional <br />practical difficulty for the owner in relation to his efforts to make <br />normal improvements given the property's permitted use. <br />Other courts have laid down similar guidelines. Courts have <br />found that practical difficulty exists if the existing ordinance <br />unreasonably prevents the property owner from using the prop~rty <br />or unreasonably burdens the property owner who attempts to use <br />the property as allowed.86 Other courts have been more specific <br />finding practical difficulty to exist when denying the variance would <br />force the owner to suffer substantial economic expense in his effort <br />to comply with the existing ordinance. In other words, the ordi- <br />nance precludes the property from yielding a reasonable return.87 A <br />few very demanding courts hold a practical difficulty exists only <br />when a "taking" has occurred.88 <br />Courts upholding the denial of a variance employ similarly broad <br />or vague principles. Thus, a variance may be denied when it would <br />violate the ordinance's spirit, threaten the public's safety and <br />welfare, or alter the neighborhood's character.89 Moreover, an <br /> <br />8S Board of Adjustment v. Kwik-Check Realty, Inc., 389 A.2d 1289 (Del. 1978). <br />86 McLean v. Soley, 270 Md. 208, 310 A.2d 783 (1973). <br />87 Wilcox v. Zoning Bd. of Appeals, 17 N.Y.2d 249, 270 N.Y.S.2d 569, 21 i <br />N.E.2d 633 (1966). <br />88 Loyola Fed. Say. & Loan Ass'n v. Buschman, 227 Md. 243, 176 A.2d 355 <br />(1961). <br />89 Wilcox v. Zoning Bd. of Appeals, 17 N. Y .2d 249, 270 N. Y .S. 2d 569, 217 <br />N.E.2d 633 (1966); McLean v. Soley, 270 Md. 208, 310 A.2d 783 (1973); Amoco Oil <br />Co. v. Zoning Bd. of Appeals of Mamaroneck, 122 A.D.2d 755, 505 N.Y.S.2d 643 <br />(1986) (denial of variance to increase gasoline storage capacity upheld because of the <br /> <br />(Release #5, 2/91) <br />
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