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<br />6-21 <br /> <br />PROCEDURES <br /> <br />~ 6.03[4] <br /> <br />there is an absence of hardship, but because it is assumed that the <br />property sold for a lesser price in view of its unique characteristics, <br />or zoning.101.1 A lesser price to a subsequent purchaser would <br />appear to constitute less hardship; in fact, it could just as easily <br />represent a dead weight economic loss imposed by a land use <br />process which fails to inquire whether a variance should be granted. <br />Therefore, the better rule is to consider the purchaser to be in the <br />same position as the seller, such that if the seller could obtain a <br />variance, the purchaser may also do so regardless of knowledge at <br />time of purchase.102 <br /> <br />[4] Effect on Neighboring Property <br /> <br />A variance may affect not only the subject property and its <br />owner, but also adjacent property, and perhaps, a larger geographi- <br />cal area. Generally speaking, variances are denied if they adversely <br />affect neighboring property or alter the essential character of the <br />neighborhood. Variances may also be denied, of course, if they <br />adversely affect the health and safety of neighborhood residents. <br />Typically, ordinances prohibit variances that would result in a <br />change to the surrounding neighborhood.103 As the essential charac- <br />ter of a neighborhood consists of a variety of components, a variance <br />may be denied due to its effect on anyone of these elements. <br />Varying criteria have been used to demonstrate a change in a <br />neighborhood's character, which would constitute grounds for <br />denying a variance. For example, a variance which depreciates <br />property values is impermissible.104 In addition, a variance has been <br />denied because it would lead to additional local traffic.105 <br /> <br />", <br /> <br />101.1 Cf Degnan v. Monetti, 509 A.2d 277 (N.J. Super. Ct. App. 1986) (developer <br />not entitled to variance to build condominiums on land zoned for single-family homes <br />where developer bought land from public agency at a price that made construction of <br />single-family homes impracticable and with the knowledge that unused sewage <br />treatment plant would have to be removed prior to any development). <br />102 Searles v. Darling, 46 Del. 263, 83 A.2d 96 (1951). <br />103 Roumel v. District of Columbia Bd. of Zoning Adjustment, 417 A.2d 405 (D.C. <br />App. 1980); Silar v. Zoning Bd. of Adjustment, 46 Pa. Commw. 340, 407 A.2d 74 <br />(1979) where the variance was granted because it would not "substantially or <br />permanently impair" neighboring property. <br />104 Commons v. Westwood Zoning Bd. of Adjustment, 81 N.J. 597, 410 A.2d <br />1138, 1145 (1980); cf Hartman v. City of Columbia, 268 S.C. 44, 232 S.E.2d 15 <br />(1977) (where effect on property values is not controlling). <br />105 Abrams v. Zoning Hearing Bd., 21 Pa. Commw. 284, 344 A.2d 734 (1975). See <br />also Guiragossian v. Bd. of Appeals, 485 N .E.2d 686 (1985), which held that a <br /> <br />(Release #5, 2/91) <br />