Trainer reviews five-part variance test, administrative limits on public comment
Jul 16, 2026
Rob Terry walked officials through the five-part variance test and reiterated that administrative decisions must be based on facts and evidence rather than public opinion; he described the five criteria officials must find before granting a variance.
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Rob Terry reviewed the five elements a property owner must meet to obtain a variance: (1) literal enforcement would cause an unreasonable hardship not necessary to carry out the ordinance's general purpose; (2) special circumstances attached to the property not common to the zone; (3) granting the variance is essential to the enjoyment of a substantial property right possessed by others in the zone; (4) the variance will not substantially affect the general plan and not be contrary to the public interest; and (5) the spirit of the land-use ordinance is observed and substantial justice done.
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