(A) Area variances require only a demonstration that practical difficulties exist. The practical difficulties standard is a less stringent and more “nebulous” standard than the unnecessary hardship standard.
(B) To determine whether a property owner seeking an area variance has encountered practical difficulties in the use of his or her property, Village Council shall generally consider a list of seven nonexclusive factors:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(5) Whether the property owner purchased with knowledge of the zoning restriction;
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(C) Unlike the unnecessary hardship standard, purchase with knowledge of the zoning restrictions is not determinative under the practical difficulties exercise. Rather, a consideration and balancing of all factors, including it, must be made. The reason for adopting the less stringent standard for area variances is that when the variance is one of area only, there is no change in the character of the zoned district and the neighborhood considerations are not as strong as in a use variance.
(Ord. 2008-13, passed 11-3-2008)