finding of facts

Asked March 21, 2018, 12:02 PM EDT

I have been a Zoning Administrator in the past. I recently became a member of the Zoning Board of Appeals. My question concerns the Finding of Facts. Am I correct in assuming when the ZBA fills out the finding of fact sheet for a residential variance they must find all Practical Difficulties yes to deny the variance. They can’t find half yes and half no, proving some of the Practical Difficulties are there and approve the Variance? I hope this is understandable.

Clare County Michigan community planning and zoning zoning board of appeals zoning administrator

1 Response

Greetings,

Yes, you are correct. All aspects of a practical difficulty must be met in order to grant the variance. It is not a matter of just proving one or some – the Michigan Court of Appeals has said it must be all. You might read and share with your fellow board members this article - Proving a practical difficulty for a dimensional variance request.