H.F. 357 Section 1. Section 414.12, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. To authorize upon appeal in specific cases such variance 3 from the terms of the ordinance as will not be contrary to 4 the public interest , and, under the circumstances appealed 5 from, will better carry out the intent of the ordinance and 6 comprehensive plan than strict adherence to the ordinance 7 in instances where owing to special conditions a literal 8 enforcement of the height, bulk, or area provisions of the 9 ordinance will result in practical difficulties, or in the 10 case of provisions related to the use of property, when an 11 unnecessary hardship , and so such that the spirit of the 12 ordinance shall be observed and a substantial justice done 13 injustice would occur as a result of strict adherence to the 14 ordinance . 15 EXPLANATION 16 The bill modifies the authority of city boards of adjustment 17 to issue variances. 18 Current law permits the board of adjustment to grant a 19 variance from the ordinance in the event that such a variance 20 would not be against the public interest and is necessitated 21 by the creation of an unnecessary hardship. Such a variance 22 may only be granted in the event that the spirit of the zoning 23 ordinance and justice can be maintained. 24 The bill would require that a board of adjustment only 25 grant a variance when it would not be counter to the public 26 interest, and when, under the circumstances appealed from, 27 the variance would better carry out the intent of the zoning 28 ordinance and the comprehensive plan. In regard to height, 29 bulk, and area restrictions, the bill will allow the board to 30 authorize a variance where strict compliance would result in 31 practical difficulties. In regard to the use of property, the 32 bill will allow the board to grant a variance in cases where 33 strict compliance with the ordinance would create a substantial 34 injustice. 35 -1- LSB 2349YH (2) 84 aw/sc 1/ 1