Reasonable return means, as a guide for Board decision-making, absent proof that the person has tried to sell that property “as is” and no one will buy it unless the proposed construction can occur, or that the property cannot be used for any other legal purpose under the zoning ordinance without a variance.
It does not equal “maximum return.” It is extremely difficult for applicants to prove a reasonable return cannot be realized and that no other permitted use could be conducted legally to realize such a return.
A landowner cannot be forced to sell his land to an abutter as a way to realize a “reasonable return.” However, where an applicant for a variance owns adjoining land which could be used to avoid the need for a variance, a variance should not be granted. The typical request for a setback variance to allow a deck, porch, garage, storage building or addition to an existing structure will have to be denied on the basis of the “reasonable return” standard. In some cases a “reasonable return” can be realized by recreational uses and lake access.
