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Board of Adjustment forwards variance-standards amendment (Section 166.03) to City Council
Summary
The North Liberty Board of Adjustment voted to forward an amendment to Section 166.03 of the zoning code to the City Council, codifying state guidance on dimensional-variance criteria while retaining the existing undue-hardship test for non‑dimensional variances.
The North Liberty Board of Adjustment voted to forward a proposed amendment to Section 166.03 of the zoning code to the City Council with a recommendation for approval after a staff presentation and brief discussion.
In a staff presentation, Ryan, a Planning, Building and Development Department staff member, said the amendment updates the code so that a specified set of criteria will apply to variances “concerning the area, dimensional or other numerical limitations” and that the existing undue‑hardship standard will continue to apply to non‑dimensional requests. "This is something of a nothingburger for you guys," Ryan said, adding the change mostly formalizes standards staff had been applying since a state change in practice. He cited the 50 North George case as an example of a dimensional variance that would be governed by the new language.
The board’s suggested motion — "that the Board of Adjustment accept the listed findings and forward the ordinance amendment to the City Council with the recommendation for approval" — was made and seconded, and the board approved it by voice vote. The meeting record shows the action carried by voice; a roll-call tally was not specified in the transcript.
The amendment is intended to align North Liberty’s variance review with current state criteria; staff told the board this reflects state law and brings local code language into agreement with practices the board had already been following. The ordinance will be considered next by the City Council.
The board’s discussion focused on distinguishing dimensional (area/size) variances from other types of variances (for example, use variances) and on making sure the local code mirrors state guidance. No public comment was offered during the board’s consideration of this item.
The board forwarded the amendment to City Council for consideration with a recommendation for approval; no City Council action was recorded during this meeting.
