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Avoiding Idiotic Variances <br />By Lane Kendig <br />The drafters of the first zoning ordinances felt it was legally essential to provide a <br />variance procedure to deal with unique circumstances that render a lot unbuildable. <br />• <br />For example, an existing lot might have a <br />small ravine on it, making it impossible to <br />locate a home within the required setbacks. <br />The ravine was a unique condition that <br />differed from the conditions on neighbor- <br />ing lots and a variance could allow for a <br />relaxation of the setbacks to make the lot <br />buildable. <br />All state enabling taws delegate the <br />power to grant variances to a zoning board <br />or board of appeals (comprised either of <br />elected or appointed officials). These state <br />laws generally include criteria that should <br />be met in granting a variance. Some com- <br />mon ones are: <br />• There is a special condition on the site <br />not present on other properties in the <br />district. <br />• A literal enforcement of the provisions will <br />result in unnecessary hardship. <br />• The condition is not self created. <br />• A strict interpretation would prevent the <br />owner from enjoying the same rights as oth- <br />ers in the district. <br />Alt photos and diagrams by Lane Kendig <br />• A variance would not create a special <br />privilege for the land owner. <br />The variance was an excellent toot for <br />big cities where streets and blocks were <br />often platted in advance of development <br />and before the adoption of zoning. The <br />initial intent of the variance was to grant <br />relief to an existing lot that was rendered <br />unbuildable, but planning and zoning objec- <br />tives have expanded greatly since the first <br />zoning codes. Consequently, there is now <br />a second class of variances that develop- <br />ZONINGPRACTICE 6.12 <br />AMERICAN PLANNING ASSOCIATION I page 2 <br />