Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Procedure topic
No spam. Unsubscribe anytime.
Zionsville BZA discusses replacing strict 'unnecessary hardship' test with 'practical difficulty' for some variances
Summary
Board members debated whether to ask Planning Commission to consider an ordinance change to allow a lower "practical difficulty" standard for area variances (setbacks, heights) rather than the stricter "unnecessary hardship" test, and agreed to request draft language for review at the next BZA meeting.
Board members used the March 4 meeting to revisit a procedural issue: whether some types of relief currently judged under the strict ‘‘unnecessary hardship’’ standard should instead be evaluated under a lower ‘‘practical difficulty’’ standard.
Several members said ‘‘unnecessary hardship’’ is a high evidentiary bar that can require denying projects they otherwise view as reasonable. One board member summarized the difference using training language: practical difficulty is often applied to area variances such as setbacks, height and lot coverage and is a less stringent test than unnecessary hardship, which is typically reserved for use variances. The board agreed it would ask staff or legal counsel to prepare draft language outlining which variance types might shift to the practical-difficulty standard and to place that draft on the next meeting’s Other Business agenda for review before any Planning Commission referral.
Members noted the issue had been discussed previously and that Planning Commission had recommended change at one point, but BZA declined to advance it earlier. The board asked staff to provide draft ordinance language so members can review and, if comfortable, forward it to Planning Commission and Town Council.
