Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variances topic
No spam. Unsubscribe anytime.
Trainer reviews five-part variance test, administrative limits on public comment
Summary
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.
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.
He stressed that an "unreasonable hardship" cannot be self-imposed or merely economic and that public opinion is not an appropriate basis for administrative decisions; officials may gather factual information from staff but should avoid private one-sided discussions that could create an appearance of impropriety.
