HomeMy WebLinkAboutA003 - Memo from Kelly Diekmann to ZBA regarding Practical Difficulties variance as defined by State Law
Planning and Housing Department 515.239.5400 main 515 Clark Ave. P.O. Box 811
515.239.5404 fax Ames, IA 50010
www.CityofAmes.org
TO: ZONING BOARD OF ADJUSTMENT
FROM: Kelly Diekmann, Planning and Housing Director
DATE: July 17, 2025
SUBJECT: New “Practical Difficulties” Variance as defined by State Law
This is an informational memo concerning a new type of Variance. Staff wanted
to alert the Board to this new process before an application is filed and reviewed
by the Board.
The Iowa Legislature recently passed House File 652 (see attached), which was
subsequently signed by the Governor, amending Iowa Code 414.12 to create a
new type of Variance to certain zoning standards. The new Variance option is
limited in applicability to area, dimension, and other numeric zoning
requirements. The current Variance process includes all types of zoning
standards, including uses of property.
The current Variance process is based upon a legal threshold of an “unnecessary
hardship” for the use of property. The hardship threshold is a very high bar to
meet for an approval as it is rare that an allowed use of property cannot occur in
a manner consistent with zoning and a true hardship exists as defined by state
law and case law.
The new variance process is based upon a new legal standard of “practical
difficulties” related to a beneficial use of land as defined within the law. A
showing of a financial hardship is not a component of the practical
difficulties standard. The applicant must still meet certain thresholds
related to unique property conditions, the issue is not self-created, and that
it does not impact the essential character of the neighborhood; while the
spirit of the ordinance is observed and substantial justice is done.
The new variances will apply to zoning standards of Ames Municipal Code
Chapter 29 and sign standards of Chapter 21.
Caring People
Quality Programs
Exceptional Service