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Land Use Controls RegulationsZoning_and_planningHARD

In 2026, Owen built a detached garage five feet into a required setback without first obtaining zoning approval. After the city issued a violation notice, Owen asked the zoning board for a variance, arguing that moving the garage would be expensive. Under standard variance principles, which statement is most accurate?

Correct Answer

A) A self-created hardship generally does not justify granting a variance

Variance relief is generally disfavored when the hardship is self-created by the owner's own actions, such as building first and seeking permission later. The mere cost of correcting an unauthorized improvement usually does not convert the problem into a qualifying land-based hardship.

Answer Options
A
A self-created hardship generally does not justify granting a variance
B
The city must grant the variance if the structure is already completed
C
The garage automatically becomes a legal nonconforming structure after notice is issued
D
The owner may ignore the setback because accessory structures are exempt from zoning

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Related Topics & Key Terms

Key Terms:

varianceself_created_hardshipsetback_violationaccessory_structurezoning_board
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