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County counsel outlines strict and area variance standards under Wisconsin law
Summary
Dunn County counsel reviewed state case law and local ordinance criteria for use and area variances, advising the committee that use variances are highly restricted while area variances may be granted when unique property conditions create undue hardship.
Dunn County counsel told the Planning, Resource and Development Committee on Jan. 15 that Wisconsin law treats use variances and area variances very differently and urged the committee to apply distinct standards when deciding requests.
Counsel said a use variance is narrowly applied and requires showing that strict compliance with zoning leaves the property with no reasonable use permitted by the ordinance; he described that standard as “very restrictive” and said, in his reading of state court…
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