10-29-1984 Council Packet - Laserfiche WebLink

Home Browse Search

Ms . .,eanne Mabusth October 17, 1984 Page 2 prove that it should not be granted. This is a reversal of the usual position and one which can result in an improper. dec;.sion. Only if the applicant can convince the Council that a variance is needed to remedy a wrong in hia particular -se should the variance be granted. A correlary to t.;is is that there exists a balance between the hardship demonstrated and the variance which is justified. Small deviations from the standards of an ordinance may be justified by a relatively small degree of hardship, while larger variances logically require a greater shoving of har' hi,. The present case, which involves a request to zenuce the lot size to one -quarter of that which is required by the ordinance, must be considered a very substantial variance. Accordingly, tbv burden on the applicant to demonstrate his need is vert high. L. Self-Credted Hardship It is clear from a reading of case law that a variance is an inappropriate remedy when the hardship comp!ained of. is self created, i.e., wher the applicant for the variance put himself in the position from which he now seeks relief. A Lituation similar to the one at hand is illustrated in the Illinois case of Goslin v. Zonina Board of AI)peals of the City of Park F- ge, 351 N.E.2c 299 I Ir that ease, a ui _.er and developer purchased a lot wl•.,:'h contained approximately one-half the required front jotage and lot area and then sought 1. variance to dsvelop *-ne substandard lot. He indicated to the Board of Z•.. ,; *wcals that he had approximately $4,500 invested ::. the lot. lie also admitted that he had recs.d an offer to purchase the properc.y from an adja, -nt lct owner for $4,500 but had rejected it and demanded approximately twice that amount. In ups wing the Zoning board's denial of his request, the ' Court statP3 "petitioner has ccliberately and placed hime;elf in the position of which he iF plaining.1 Id. at The Illinois Court' suggested thi"t a person who places himself In of needing i v,iriancv is unlikely to recei J t`)etic hear-i -.a regarding that request. me issue of sel ` creata-�' -cas;.ip is one v• r^ceived conside .Lle attent, fr.,m the courts and the outcome often eepends on the details of the case.