STATE GUIDELINES FOR MUNICIPALITIES IN DECIDING "HARDSHIP"
"Unnecessary hardship" is a particularly difficult criterion as there can be no hard and fact definition that will fit all cases. It is necessary to hear all of the facts and measure each case on its own merits. Among the guides based upon legal precedent to the meaning of the phrase "unnecessary hardship" are the following:
(A)
The premises cannot be used in a manner permitted by the ordinance unless the variance is granted.
(B)
Strict application of the terms of the ordinance will preclude its use for any purpose to which the land is reasonably adopted.
(C)
Inability to put the property to its most profitable use does not constitute "unnecessary hardship."
(D)
The hardship must be a compelling force.
(E)
Mere inconvenience to the applicant is not sufficient grounds for "unnecessary hardship."
(F)
Value alone is not a proper criterion in determining "unnecessary hardship."
(G)
The burden of proof of unnecessary hardship rests upon the applicant, and, without such proof, such variance must be denied.
(H)
The hardship must be peculiar to the property in question and not be common to other properties in the district.
STATE GUIDELINES FOR MUNICIPALITIES IN DECIDING "HARDSHIP"
"Unnecessary hardship" is a particularly difficult criterion as there can be no hard and fact definition that will fit all cases. It is necessary to hear all of the facts and measure each case on its own merits. Among the guides based upon legal precedent to the meaning of the phrase "unnecessary hardship" are the following:
(A)
The premises cannot be used in a manner permitted by the ordinance unless the variance is granted.
(B)
Strict application of the terms of the ordinance will preclude its use for any purpose to which the land is reasonably adopted.
(C)
Inability to put the property to its most profitable use does not constitute "unnecessary hardship."
(D)
The hardship must be a compelling force.
(E)
Mere inconvenience to the applicant is not sufficient grounds for "unnecessary hardship."
(F)
Value alone is not a proper criterion in determining "unnecessary hardship."
(G)
The burden of proof of unnecessary hardship rests upon the applicant, and, without such proof, such variance must be denied.
(H)
The hardship must be peculiar to the property in question and not be common to other properties in the district.