State change to variance test could ease separation rules; council told staff will update code
Staff told the council a new state law replaces the high 'no economic return' variance standard with a lower 'practical difficulties' test for numerical limitations, which could make it easier for the Board of Adjustment to grant exceptions to separation and setback rules.
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City legal staff told the City Council a recently passed state legislative change alters the standard for zoning variances that involve numerical limitations — such as separation distances, setbacks, lot and building sizes — and described how the change may affect local decisions.
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