Brief Fact Summary. Landowners sought a variance to the zoning ordinance so they could sell their lot.
Synopsis of Rule of Law. A variance may be granted where by reason of the extraordinary and exceptional situation of the property, the strict application of a zoning ordinance would result in exceptional and undue hardship upon the developer of the property.
Issue. Does an undue hardship sufficient to grant a variance from a zoning ordinance exist when the hardship is unique to a particular lot in the neighborhood?
A board of adjustment shall have power to grant a variance when by reason of the narrowness of the land or other extraordinary and exceptional situation of the property, the strict application of a zoning ordinance would result in exceptional and undue hardship upon the developer of the property.
An undue hardship involves the notion that no effective use can be made of the property if the variance is denied.
If the property owner or predecessors in interest creates the nonconforming condition, then the hardship may be deemed to be self-imposed.
In determining undue hardship, the efforts of a property owner to bring the property into compliance with the ordinance’s specifications will be examined. If the owner is willing to sell at a fair and reasonable price and the adjoining property owners refuse to make a reasonable offer, then an undue hardship would exist.
When an undue hardship exists, the grant of the variance must not substantially impinge upon the public good and the intent and purpose of the zoning plan and ordinance. This requires looking at the extent to which the variance will impact the character of the neighborhood.
Here, ownership of the lot existed before the ordinance was made. An attempt was made to buy additional property to bring the lot into conformity. This is sufficient to find an undue hardship.
The proposed house might be smaller than the other houses in the neighborhood, but that alone is not enough to justify the denial of a variance.
Unless such findings are recited, a reviewing court cannot determine fairly whether the Board acted properly and within the limits of its authority in refusing a variance.View Full Point of Law