PSI Oklahoma Real Estate Practice Test

Under what condition might a zoning board of adjustment favorably consider a land use variance?

1. If compliance would cause the owner undue and justified hardship

2. If the property is located in a desirable neighborhood

3. When the proposed use aligns with community trends

4. If the request is supported by local businesses

The correct answer is: If compliance would cause the owner undue and justified hardship

A land use variance may be favorably considered by a zoning board of adjustment primarily when the owner demonstrates that compliance with existing zoning regulations would lead to undue and justified hardship. This condition recognizes that rigid adherence to zoning laws can sometimes impose unreasonable burdens on property owners. The concept of "undue hardship" implies that the property cannot yield a reasonable return if used only for a purpose allowed in the current zoning, or that the restriction would create a unique difficulty that is not generally shared by other properties in the area. The justification is critical; it must be shown that the hardship arises from unique circumstances related to the property itself, not from personal circumstances. In contrast, considerations based on the location of the property, alignment with community trends, or support from local businesses, while potentially influential in other contexts, do not inherently justify granting a variance on their own. The focus remains firmly on the specific hardships faced by the property owner in relation to the existing zoning requirements.