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10 Variances are somewhat less likely than Conditional Use Permits to be the subject of litigation, because the City has more latitude to determine the meaning of the standard for variance approval, namely, the existence of “special conditions”, and “reasonable use”. It is important to keep in mind that the City’s standard zoning regulations are presumed to allow reasonable use of property. Only special, unique conditions that interfere with reasonable use can impel the City to depart from its standard regulations. The most common concern related to variance decisions is based on “precedent” - whether the applicant is being treated similarly to like properties in like situations. To ensure that people are being treated similarly, variance approval just because something seems like a nice idea should be avoided. Uniqueness . Variances are intentionally made to be difficult to obtain, based on the premise that the City establishes zoning standards for the protection of public health, safety, and welfare. Therefore, a departure from the regulations should be considered rarely, only where unique, special conditions are apparent which would deny the applicant reasonable use of the land in question. Amendment Rather Than Variance . If the circumstances that generate a variance request are common, the City should enact a regulation which applies to all properties rather than regulate by variance. If the regulations allow a reasonable use, the purposes of the ordinance are realized without the need for a variance. Practical Difficulties and Reasonable Use . Probably the most routine aspect of variance consideration is the focus on a non-economic basis for the request. The ordinance states that a variance may be considered where application of the regulations creates practical difficulties in putting the property to reasonable use. This standard is typically applied by considering whether a fully conforming use can be made of the property without the variance. For instance, can a conforming house with a two car garage be located on a residential property without the need for a variance? If it can, then a variance request from something outside the typical requirements might be viewed as a matter of convenience rather than reasonable use. The practical difficulties that interfere with the proposed use must be “non- economic”. This requirement is made since virtually everyone may make an economic claim - the application of the standards regulations are too costly to comply with. Standard s of Review . The primary considerations for variance review are as follows: (a)The practical difficulties in complying with the ordinance are due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved. (1)Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2)Practical difficulties caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter.