Variance Hardship Not Self-Created
A contract purchaser of a lot, who knew that variances from the
Critical Area laws and zoning laws of Anne Arundel County would be
required in order to build a house of the size he wanted, applied for
variances. He was required to show unnecessary hardship in order to
obtain the variances. The Court of Appeals has ruled that the
purchaser’s prior knowledge did not preclude him from receiving the
variances.
The Anne Arundel County Board of Appeals denied the request on the
grounds that the purchaser knew of the potential development issues
when he contracted to purchase the property and that any hardship
resulting from setback and other requirements were regarded as
“self-created.”
The Court of Appeals
of Maryland disagreed with the Board of Appeals and stated that
self-created hardships “in cases of this type do not arise from
purchase, but from those actions of the landowner, himself or herself,
that create the hardship . . . .” The Court held that zoning
regulations are directed at the property itself and its use, not at
the matter of title to property. Therefore, the actual or
constructive knowledge of a zoning restriction before the purchase of
property is not sufficient grounds to bar the granting of a variance.
The matter was
remanded to the Board of Appeals for further proceedings in accordance
with the Court’s opinion.
Richard Roeser
Professional Builder, Inc. v. Anne Arundel County, Maryland, No.
79, September Term, 2001 (decided March 7, 2002)
[Return to Real Estate
Update] |
