Ivancovich v. City of Tucson Board of Adjustment

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[s]uch a showing need not be made in the case of area variances”
• noting that area variances “involve such matters as setback line, frontage requirements, height limitations, lot size restrictions, density regulations and yard requirements”
• stating that the City of Tucson Board of Adjustment lacked authority to “amend or repeal any zoning ordinance for this power belongs to the City Council”
• noting that “the distinction between ‘area’ and ‘use’ variances, and the imposition of separate requirements for the granting of each type, are inventions of the court”
• “A use variance cannot be granted unless the situation arises where reasonable use cannot be made of the property in a manner consistent with the zoning regulations.”
• a use variance is one which permits a use of land other than that allowed by the zoning ordinance, and an area variance involves such matters as setback line, frontage requirements, height limitations, lot size restrictions, density regulations and yard requirements

Source: CourtListener parenthetical corpus (CC0).