Legal counsel outlines four-factor test board must apply for area variances

Fred Townsend, legal counsel for the board, opened the public-hearing segment by reminding members and participants that the standards for granting area variances are set by case law and that testimony should address only issues relevant to those factors. "The standards for the granting of variances are set forth by the Delaware Supreme Court in the case known as Board of Adjustment versus Quick Check Realty," Townsend said, before listing the four factors the board must weigh: the nature of the zone, the character and uses of the immediate vicinity, the effect on neighboring properties, and whether failure to remove the restriction would create an exceptional practical difficulty for the owner.