Land Use & Zoning
A Missoula County zoning board grants a variance allowing a property owner to build closer to the property line than normally permitted. This variance is typically granted when:
AThe owner simply prefers the closer setback for aesthetic reasons
BStrict application of the zoning ordinance would cause unnecessary hardship due to unique physical characteristics of the property✓ Correct
CThe majority of neighbors consent to the variance
DThe property is being sold to a new owner
Explanation
Variances are granted when strict application of the zoning ordinance would create an unnecessary hardship due to unique physical characteristics of the property (not self-created). The hardship must relate to the land itself, not mere inconvenience or financial preference.
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