Variance Hardship Requirements in Kissimmee
In the City of Kissimmee, a legally recognized hardship for a variance must result from unique physical circumstances or conditions of the property itself, rather than from the actions or ignorance of the applicant. To qualify, the City of Kissimmee requires that the variance be the minimum necessary to allow reasonable use of the land, and it must not grant a special privilege denied to other properties in the same zoning district [Section 14-3-51].
General Variance Hardship Criteria
For most property developments, the City of Kissimmee Board of Adjustment (BOA) evaluates "unnecessary hardship" based on a strict set of review criteria. An applicant must demonstrate that the physical characteristics of the land render the lot effectively undvelopable under a literal interpretation of the Land Development Code.
| Criteria Category | Requirement for Approval in the City of Kissimmee |
|---|---|
| Reasonable Use | Evidence that conditions exist preventing the reasonable use of the land or structure [Section 14-3-51.E.1]. |
| Unique Conditions | Circumstances must be peculiar to the specific property and not representative of a general condition in the neighborhood [Section 14-3-51.E.2]. |
| Deprivation of Rights | Strict application of the code would deprive the applicant of rights commonly enjoyed by other properties in the same district [Section 14-3-51.E.3]. |
| Self-Created Hardship | The hardship must not be the result of the applicant’s own actions or an ignorance of the provisions of the title [Section 14-3-51.E.5]. |
| Minimum Relief | The variance granted must be the absolute minimum necessary to afford relief [Section 14-3-51.E.6]. |
| Prohibited Actions | A variance cannot be granted to allow a "use" that is otherwise prohibited in that zoning district [Section 14-3-51.E.7]. |
Subdivision Variance Hardships
When a hardship is claimed regarding the City of Kissimmee's subdivision standards (Chapter 14-10), the City Commission is the governing body. The Commission must find that extraordinary hardships or practical difficulties result from strict compliance with the regulations [Section 14-3-52.D].
The City of Kissimmee identifies three core components for subdivision hardships:
- Lack of Detrimental Impacts: The variance will not harm public safety, health, or welfare [Section 14-3-52.D.1].
- Unique Circumstances: The conditions justifying the request are unique to the specific property and not applicable to others [Section 14-3-52.D.2].
- Owner Hardship: A hardship must exist due to the physical surroundings, shape, or topographical conditions of the property, which is distinct from a "mere inconvenience" [Section 14-3-52.D.3].
Hardship for Signage Variances
For signage, the City of Kissimmee allows for an administrative variance processed by the development services director. The "Verification of Hardship" for signs requires the applicant to prove that the variance is necessary to provide "reasonable visibility" to the business or property [Section 14-11-3.E.2.d].
The City of Kissimmee excludes any signage variance that would result in a threat to public safety, an extraordinary public expense, or a "victimization of the public" [Section 14-11-3.E.2.b.ii].
Economic Hardship in Historic Districts
When an owner seeks a Certificate of Appropriateness for the demolition of a structure within a City of Kissimmee Historic Preservation Overlay (HPO) District, they may claim "economic hardship." To prove this specific type of hardship, the applicant must demonstrate that the property cannot realize a reasonable and beneficial use or economic return in its current state [Section 14-3-37.H.8].
Evidence required by the City of Kissimmee for economic hardship includes:
- Real estate taxes for the previous four years.
- The fair market value of the property prior to the HPO designation vs. current value.
- Annual gross income from the property for the previous two years.
- The feasibility of adaptive or alternative uses for the property [Section 14-3-37.H.8.b].
Sections Cited
- Section 14-3-37: Certificate of appropriateness.
- Section 14-3-51: Board of adjustment variances.
- Section 14-3-52: Subdivision variances.
- Section 14-11-3: General provisions (Signs).