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Planning commission recommends narrower definition of 'unnecessary hardship' for BZA cases after divided debate
Summary
After extended debate the Lawrence Planning Commission voted to recommend a text amendment to the land development code clarifying the definition of 'unnecessary hardship' as applied to area variances, citing Kansas case law; opponents warned the change should be part of a broader code cleanup and raised process concerns.
The Lawrence Planning Commission voted Sept. 24 to recommend a text amendment (AMDT-25-003) that revises the definition of "unnecessary hardship" in the land development code as it applies to area variances reviewed by the Board of Zoning Appeals (BZA). The motion passed after a lengthy, split debate and will be forwarded to the City Commission for final action.
Applicant Patrick Watkins, a land-use attorney, said the change corrects language that historically reflected a 'use variance' standard and that Kansas case law requires a different analysis for area variances. Watkins said the amendment would make the standard clearer for staff, BZA members and applicants.
"Variances are what…
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