Lovell v. Planning Commission of City of Independence

In this writ of review proceeding, the issue on appeal is the propriety of the grant of a land-use variance. Wilma Hein, owner of two abutting lots containing houses located in the city of Independence, applied to the Independence Planning Commission for a variance from the city zoning ordinance in order to create a third lot by partitioning the rear half of her two lots. She intended to construct a dwelling on the third lot. The partitioning would have reduced the area of each of the existing lots and the backyard depth of one of the lots to less than the minimums specified by the ordinance…