Stolman v. City of Los Angeles

In Stolman v. City of Los Angeles (2003) 114 Cal.App.4th 916, Division Four of this court considered the requirement in section 12.27 that no variance may be granted unless the zoning administrator finds that "the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships . . . ." Stolman involved a gasoline station operator who sought to extend services provided by the gas station to include auto detailing. The court assumed that a "financial hardship" may constitute an "unnecessary hardship." (Stolman, at p. 926.) But the court found no evidence of a financial hardship. There was no "information from which it could be determined whether the profit was so low as to amount to 'unnecessary hardship.'" (Ibid.) There was no evidence the property could not be put to use as a gasoline station without the automobile detailing operation. (Ibid.) "'If the property can be put to effective use, consistent with its existing zoning . . . without the deviation sought, it is not significant that the variance sought would make the applicant's property more valuable, or that it would enable him to recover a greater income . . . .'" (Ibid.)