Complaint Analysis of Zoning Variance Issues Legal Essay

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Client Jim ("Client") would like to build a gas station in an area zoned for commercial officespace. The client believes a gas station is more feasible for the area noting excessivecommercial building properties and downtown traffic fuel needs. Would the Client succeed inseeking a zoning variance in Worcester County, Massachusetts?In order to legally grant a variance, a local board of zoning appeals must specifically find that:(1) owing to circumstances relating to the soil conditions, shape or topography and especiallyaffecting such land but not affecting generally the zoning district in which it is located; (2) aliteral enforcement of the residential zoning would involve a substantial hardship, financial orotherwise, to the petitioner;…show more content…
Board of Appeals of Worcester, 340 Mass.748, 753. Accordingly, the court ultimately reversed the decree granting the zoning variance tothe gas station.In order for Client to be granted a permit variance to build a gas station in a commercial officespace zone, he must meet each of the 40A, § 10 statutory requirements. Grenon v.Commonwealth, (2004) Mass. Super. LEXIS 176.In Shacka v. Board of Appeals, the Massachusetts Supreme Court reversed a zoning variancegranted to a gas station owner when it determined there were no facts to support a hardshipexisted. The court stated “if there is occasion to change the uses permitted on this and otherland in the area, because of the general effect of the shift to business, that is for the town toconsider by way of amendment.” Similarly under the client’s circumstances, a court would findan amendment more appropriate in addressing his concerns of an overage of commercial officespace and need for a gas station. (1961) 341 Mass. 593.Client has no hardship related to his request for a zoning variance and thus would not qualifyfor one. Simply because Client believes a gas station is needed in the area, and that officespace is too plentiful, in no way meets the zoning statutory requirements of 40A, § 10.In summary, Client has no legal basis to request a zoning variance in not meeting the 40A, §10 statutory

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