“A use variance is granted only upon the finding of an “unnecessary hardship” which generally means that the property owner cannot make any economically viable use of the property under the current zoning restrictions. A “use” variance is an application for a deviation from the permitted uses in the subject zoning district. “Use” means exactly what it says, a use of the property as opposed to zoning restrictions on setbacks, building, height, etc.”
There are many standards for determining a use variance. Our author, Charles T. Riehl reviews these standards as well as area/size variances. He explains … “Variances for area, size and setback requirements are judged by a less stringent legal standard than for use variances -- i.e., ‘practical difficulty’ in meeting code requirements is all that is required to be shown by a property owner, not an ‘unnecessary hardship’.” Mr. Riehl also reviews the factors to be considered to determine whether a property owner has encountered practical difficulties.
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Agenda
Faculty
Charles T. Riehl
Walter | Haverfield LLP
- Of counsel to the Cleveland law firm of Walter | Haverfield LLP
- Divides practice between private client representation for the firm’s Litigation Group and municipal representation for its Public Law Group
- Previously served as law director of the municipalities of Hudson, Shaker Heights, Cuyahoga Heights, Richfield, Gates Mills and Solon
- Dealt with a wide variety of zoning, telecommunications, employment, civil service, environmental and construction issues
- Received the highest rating with Martindale-Hubbell Law Directory
- LL.B. degree, Order of the Coif, Case Western Reserve University School of Law; B.A. degree, Colgate University
- Can be contacted at 216-781-1212 or [email protected]
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