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Training clarifies legal tests for variances, practical versus unnecessary hardship
Summary
Presenter explained Indiana’s legal tests for use variances and development‑standards variances, emphasizing that use variances require meeting five statutory criteria and that financial hardship alone does not qualify as an 'unnecessary hardship.'
Porter County planning officials were given guidance on the legal standards they must apply when reviewing variance requests, including the distinction between use variances and development‑standards variances.
Presenter K.K. Gerhard Fritz told the group that state law requires variances to be decided against a set of objective criteria and emphasized that a use variance requires satisfaction of five statutory factors. She summarized the guiding standard by asking rhetorically, “Is it whether somebody's nice, whether…
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