Board counsel recites four-factor test from Quick Check Realty in variance hearings
Board counsel Fred Townsend told the Kent County Board of Adjustment that area variance decisions follow the Delaware Supreme Court's four-factor test (Board of Adjustment v. Quick Check Realty): zoning district nature, character/uses of vicinity, effect on neighboring properties, and exceptional practical difficulty for the owner.
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Fred Townsend, legal counsel to the Kent County Board of Adjustment, opened the substantive portion of the public hearing with a reminder of the legal standard the board must apply when considering area variances. He cited the Delaware Supreme Court case Board of Adjustment v. Quick Check Realty and summarized the four factors the court requires the board to weigh: the nature of the zoning district, the character and uses of the immediate vicinity, whether removal of the restriction would adversely affect neighboring properties, and whether failure to remove the restriction would create an exceptional practical difficulty for the owner.
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