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land parcel where development is not appropriate without modification.
The state Supreme Court ruled last April 23 that under state law, local zoning appeals boards have the authority to grant variances only when there are “unnecessary hardships,” defined by the court as situations which deny “all reasonable beneficial use of the property.”
Locally, the standard has been “...that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience...” as found in section 17Q-136BQ) of the Code of Rappahannock.
While the Rappahannock Code is very definite, the ruling by the Virginia Supreme Court further limits the standards which many localities follow.
The ruling was a result of cases involving local boards of appeals in Fairfax and Pulaski counties where variances were granted, and in Virginia Beach where there was a reinstatement in a variance that had been granted.
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