Variance — Definition — Application — Notice — Hearing.
Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration and the manager or person in charge of the local airport if the variance could create an aviation hazard as defined in section 21-501, Idaho Code. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with the requirements established thereby.
Notes of Decisions
Wohrle v. Kootenai Cnty., 207 P.3d 998 (Idaho 2009).
· cites it 15× “Idaho Code § 67-6516 focuses on the “characteristics of the site” and the statute’s consideration of conflict with the public interest and undue hardship is inherently restricted to a case-by-case analysis.”
Taylor v. Canyon Cnty. Bd. of Commissioners, 210 P.3d 532 (Idaho 2009).
· cites it 8× “§ 67-6517 refers to "a permit as defined by this chapter," which acknowledges that what constitutes a permit is defined by the Act.”
Hawkins v. Bonneville Cnty. Bd. of Com'rs, 254 P.3d 1224 (Idaho 2011).
· cites it 4× “I.C. § 67-6516. A variance, in short, merely allows the landowner to avoid the "strict letter" of the zoning ordinance's physical specifications.”
917 LUSK, LLC v. City of Boise, 343 P.3d 41 (Idaho 2015).
· cites it 3× “3d 412 (2012), on January 25, 2012, wherein we held that under Idaho Code sections 67-6516 and 67-6512(a), a "height restriction can be waived only by a variance, not by a conditional use permit.”
City of Coeur D'Alene v. Simpson, 136 P.3d 310 (Idaho 2006).
· cites it 4× “See Idaho Code § 67-6516 . The reason a variance may not contravene a provision in a land use ordinance is that the pertinent governing body enacts a land use ordinance in its legislative capacity, but it considers a variance in a quasi-judicial capacity.”
Eacret v. Bonner Cnty., 86 P.3d 494 (Idaho 2004).
· cites it 2× “” I.C. § 67-6516. “An affected person aggrieved by a decision may within twenty-eight days after- all remedies have been exhausted .”
Hungate v. Bonner Cnty., 458 P.3d 966 (Idaho 2020).
· cites it 2× “The Hungates argued before the district court that the Board erred in granting the Variances under section 67-5279(3) because the decision was: (1) in violation of Bonner County Revised Code section 12-234 and Idaho Code section 67-6516; (2) in excess of the Board’s statutory…”
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