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Avon Board of Zoning Appeals holds training on variances, special exceptions and recent case law
Summary
Board members received training on standards for variances, special exceptions, conditions, conflict of interest, and recent appellate decisions affecting zoning, including cases on drug rehabilitation facilities, billboards and lighting.
The Avon Board of Zoning Appeals conducted an extended training session covering how to evaluate administrative appeals, variances of development standards, variances of use, and special exceptions.
A staff presenter outlined the board’s standards of review and practical considerations. The presenter said members should first determine "what kind of case am I hearing?" and then apply the correct legal standard, distinguishing the lower "practical difficulty" test used for variances of development standards from the higher "unnecessary hardship" test used for variances of use. The presenter emphasized members must put findings on the record that map to the factors the board must consider and that discretionary denials are legally permissible if the board documents its reasoning.
Training highlights included guidance on practical difficulty (whether…
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