Land Use & Zoning

A Rhode Island property owner applies for a variance to build a garage closer to the property line than current setback requirements allow. The zoning board will typically grant a variance only if the owner demonstrates:

AThat neighbors have no objections
BThat the strict application of zoning would cause unnecessary hardship unique to the property✓ Correct
CThat the variance would increase property tax revenue
DThat a neighboring property has a similar structure

Explanation

A variance is granted when the strict application of zoning ordinances would cause unnecessary hardship unique to the property due to its specific characteristics, not merely inconvenience or a desire to increase property value.

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