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Impact of the decision <br />Because of the far-reaching nature of the decision, there are probably at least four <br />responses that cities should think about—at least until a legislative correction can be <br />achieved: <br />* The city should re-evaluate the criteria that it has historically used in deciding <br />whether or not to grant a variance. The Supreme Court's decision limits a city's <br />discretion. The ruling limits the authority to circumstances where the property owner can <br />demonstrate that there is not a reasonable use of the property absent the variance grant. <br />* In circumstances where the city council believes the grant of a variance is <br />appropriate, the city should take great care to make detailed finding describing why the <br />grant of the variance is necessary to provide the property owner with a reasonable use of <br />his or her property. What constitutes a reasonable use of property is not defined and may <br />differ depending on the unique circumstances of the property and attributes of various <br />communities. <br />* If a city routinely grants variances, this may be an indicator that it may want to re- <br />examine its zoning code to ensure that standards, setbacks, uses, and other requirements <br />are consistent with the city council's current vision for the community. In short, the <br />court's decision should act as an encouragement to cities to review their land use <br />practices. <br />* Cities may want to build greater flexibility into their existing conditional use permit, <br />planned unit development, and setback regulations to explicitly afford greater latitude to <br />allow "variance -like" approvals under the zoning code. For instance, a city might <br />establish alternative setback requirements to allow for construction that is consistent with <br />neighborhood attributes. <br />Legislative action <br />The restrictive court decision has caused a number of League members to call for a <br />legislative response. The decision, its impact, and a possible legislative response will be <br />discussed in the League's Improving Service Delivery Policy Committee this summer. It <br />is anticipated that the League will support a legislative change to provide cities with <br />greater flexibility—perhaps something similar to the county authority. <br />