Zionsville BZA asks staff to forward draft change on variance findings to planning commission

The Town of Zionsville Board of Zoning Appeals voted July 1 to direct staff to forward draft zoning‑code language to the planning commission that would distinguish between a "practical difficulty" standard and an "unnecessary hardship" standard and consider applying the two standards differently in rural and urban areas.

Staff said the draft revisits an earlier effort to change the BZA’s finding standards and would lower the bar in some cases by allowing practical‑difficulty review for development‑standard variances in appropriate contexts. A legal/presentation speaker explained the difference: practical difficulty typically covers situations where complying would be more costly or inconvenient (for example, a tree line or utility relocation), while unnecessary hardship is a higher bar that requires showing the property cannot be put to reasonable use or will not yield a reasonable return unless the variance is granted. "Just because it costs you more money, that is not unnecessary hardship," the presenter said when describing case law interpretation.

Board members who also serve on the planning commission said they would like the planning commission to consider the change and provide formal recommendations to the town council. Several members expressed support for moving the draft forward; the board’s direction to staff passed by voice and roll call.

The referral does not change the ordinance itself; it creates a formal pathway for the planning commission to review and, if appropriate, recommend an ordinance amendment to the town council. Staff will present the board’s direction and the draft language at the planning commission’s next meeting.