Defining Unnecessary Hardship for Zoning Variances in the City of Arlington
In the City of Arlington, an "unnecessary hardship" required for a variance must stem from unique physical characteristics of a property—such as restrictive area, shape, or slope—that prevent it from being developed in a manner commensurate with other properties in the same zoning district. The City of Arlington Unified Development Code strictly prohibits granting variances for hardships that are self-created, personal in nature, or based solely on financial reasons. Furthermore, a variance cannot be used to grant a special privilege to one parcel that is not permitted for other parcels within the same City of Arlington zoning district [Section 10.4.7.G.1].
The Legal Standard for Hardship
Under the City of Arlington Unified Development Code, a variance is defined as an adjustment to specific regulations for a particular piece of property. This relief is only available when a property, due to special and unique circumstances, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone [Section 12.7.1].
To approve a variance, the City of Arlington Zoning Board of Adjustment must find that literal enforcement of the Unified Development Code would result in an unnecessary hardship. The hardship must be rooted in the physical reality of the land rather than the desires of the owner.
Eligible Standards for Variance Relief
Variances in the City of Arlington are generally limited to specific dimensional and setback requirements. The following table outlines the standards where a hardship may be considered:
| Standard Type | Description of Applicable Variance |
|---|---|
| Setbacks | Street frontage, side, rear, or minimum setback standards [Section 10.4.7.G.1]. |
| Lot Dimensions | Lot width or lot depth requirements [Section 10.4.7.G.1]. |
| General Provisions | Any provision of the Code not assigned to another agency [Section 10.4.7.B.1]. |
Criteria for Proving Hardship
The City of Arlington Zoning Board of Adjustment utilizes specific criteria to determine if a requested variance meets the legal threshold of a hardship. The applicant must demonstrate that the property differs from other parcels in a way that makes standard development impossible.
Physical Limitations of the Land
The hardship must be a direct result of the specific parcel of land having:
- Restrictive Area: The size of the lot is such that it cannot accommodate a structure under current Unified Development Code standards.
- Unique Shape: Irregular lot configurations that prevent standard building placement.
- Topographic Slope: Steep or unusual terrain that renders the strict application of setbacks or height limits unreasonable [Section 10.4.7.G.1].
Commensurate Development
A valid hardship exists if the physical conditions of the land prevent the owner from developing the property in a manner "commensurate with the development of other parcels of land in districts with the same zoning" [Section 10.4.7.G.1]. This means the variance is intended to level the playing field, not provide an advantage.
Prohibited Hardship Factors
The City of Arlington Unified Development Code explicitly lists several conditions that do not constitute a legal hardship. If a request is based on these factors, the City of Arlington Zoning Board of Adjustment is not authorized to approve the variance.
| Prohibited Factor | Explanation |
|---|---|
| Self-Created Hardship | Hardships resulting from the actions of the owner or applicant [Section 10.4.7.G.1]. |
| Personal Hardship | Hardships based on the individual circumstances of the owner rather than the land itself [Section 10.4.7.G.1]. |
| Financial Reasons Only | The fact that it would cost more to comply with the Code or that a variance would increase profit is insufficient [Section 10.4.7.G.1]. |
| Special Privilege | A variance cannot grant a privilege in developing a parcel that is not permitted to other parcels in the same district [Section 10.4.7.G.1]. |
Administrative Authority and Limitations
The City of Arlington Zoning Board of Adjustment has the primary authority to hear and decide applications for variances based on hardship [Section 10.4.7.B.1]. While the Board can provide relief from strict code application, it must ensure that the "spirit of the code shall be observed and substantial justice done" [Section 10.4.7.G.1].
If an application for a variance is denied by the City of Arlington, no new application for the same or substantially same request may be submitted for that property for at least one year, unless the Zoning Administrator determines the new application corrects the previously stated objections [Section 10.3.9.B.1].
Sections Cited
- Section 10.3.9.B.1 (Withdrawal and Reapplication)
- Section 10.4.7 (Zoning Variances and Appeals)
- Section 12.7.1 (Other Terms Defined)