Land Use & ZoningIntermediateArizona Exam

In Arizona, a variance from a setback requirement requires the applicant to demonstrate:

AThat the proposed setback encroachment is compatible with the character of the surrounding neighborhood and will not reduce adjacent property values
BA unique hardship or practical difficulty unique to the property that prevents the literal application of the zoning codeCorrect
CThat the applicant has attempted to comply with the setback requirement but was prevented by a documented structural engineering limitation on the parcel
DThat the variance is the minimum necessary to achieve the development goal and that no alternative design could avoid the need for the encroachment

Why A unique hardship or practical difficulty unique to the property that prevents the literal application of the zoning code Is Correct

Answer B: A unique hardship or practical difficulty unique to the property that prevents the literal application of the zoning code

A variance requires the applicant to show a unique hardship or practical difficulty resulting from the property's particular characteristics (not a general hardship common to many properties) that prevents literal compliance with the zoning code.

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

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