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City Attorney leads training on variances and required findings for HRPB members
Summary
City Attorney Glen Torcivia led a training session explaining variance standards, the prohibition on self-created hardships, and the 'competent substantial evidence' standard that boards must apply when granting variances.
City Attorney Glen Torcivia provided training to the Historic Resources Preservation Board on legal standards and procedures for variance requests, emphasizing that variances are for special circumstances peculiar to the land and that self-created hardships are not a basis for relief. Torcivia explained that the evidentiary threshold for relief is 'competent substantial evidence,' which he described as more than a scintilla and distinct from a 'fairly debatable' standard.
He reviewed typical variance subjects including height, area, yards, parking requirements, and open spaces, and reminded board members to disclose ex-parte communications. Director William Waters added that historic waivers are similar to variances and should be considered under the same evidentiary expectations.
