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The first definition is similar, but not identical, to the test that we adopted in Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

Given the complexity of zoning regulation, the obligation of municipalities “to provide assistance to all their citizens seeking approval under zoning ordinances,” Richmond Co. v. City of Concord, 149 N.H. 312, 314 (2003) (quotation omitted), and the importance of the constitutional right to enjoy property, see Simplex Technologies v. Town of Newington, 145 N.H. 727, 731 (2001), we cannot accept that the mere filing of a variance application limits the ZBA or superior court’s consideration of wh

Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

The first definition of unnecessary hardship is similar, but not identical, to the test that we adopted in Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

C. Union’s Alleged Due Process Right to Notice and Hearing Although we ordinarily decide constitutional issues only when necessary, Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001), in the interest of judicial efficiency we address whether, in addition to its statutory right to prior notice and a hearing, Union had a constitutional right to the same.

Governor’s Island Club v. Town of Gilford, 124 N.H. 126 (1983), abrogated by Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001).

Simplex *689 Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

Relying upon the principle that a zoning ordinance must reflect the current character of the neighborhood, see Simplex Technologies v. Town of Newington, 145 N.H. 727, 731 (2001); Belanger v. City of Nashua, 121 N.H. 389, 393 (1981), the plaintiff argues that the spirit and intent of the *368 ordinance is satisfied in this case because its proposed use is consistent with the current character of the neighborhood.

The court stated that it appeared that the ZBA may have applied a standard that was overly restrictive and inconsistent with our decision in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001).

Because we decide cases upon constitutional grounds only when necessary, Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001), we begin by addressing the State’s claim of harmless error and *245 assuming without deciding that the State’s seizure of the defendant’s blood samples and test results violated the defendant’s constitutional rights.

It argues that: (1) the superior court erroneously applied the reasonable use requirement for unnecessary hardship that we abrogated in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001); (2) the superior court erroneously required expert testimony to establish unnecessary hardship; (3) there was sufficient evidence to support the ZBA’s decision; (4) the superior court erred by not accepting the ZBA’s findings as prima facie lawful and reasonable, and instead acted as a super zoning

The court applied the test set forth in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001).

Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001).

Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001) (declining to address constitutional claims where case decided on other grounds).

at 267, and remanded for further proceedings in light of the new criteria for unnecessary hardship set forth in Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

When, however, an applicant seeks a use variance, the standard set forth in Simplex Technologies v. Town of Newington, 145 N.H. 727, 728 (2001), applies.

Following a hearing and a view, the trial court found that the ZBA’s denial of the plaintiff’s request for a variance from the setback requirement “is unlawful and unreasonable and must be set aside.” The court applied the test of unnecessary hardship adopted in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001), recognizing that applicants “no longer must show that the zoning ordinance deprives them of any reasonable use of the land.

In applying the first prong of the standard for unnecessary hardship set forth in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001), the court found that the addition did not change the use of the property and that it was “not inherently unreasonable to wish to construct two small bedrooms and a bathroom for a seasonal retirement residence.” The court further found that the property was unique so as to make the zoning restriction unreasonab

First, the court found that Bacon had not demonstrated unnecessary hardship under the standard set forth in Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001).

n order to obtain a variance, a petitioner bears the burden of showing that: *257 “(1) the variance will not be contrary to the public interest; (2) special conditions exist such that literal enforcement of the ordinance results in unnecessary hardship; (3) the variance is consistent with the spirit of the ordinance; and (4) substantial justice is done.” Simplex Technologies v. Town of Newington, 145 N.H. 727, 729 (2001); see also RSA 674:33, 1(b) (1996); Husnander v. Town of Barnstead, 139 N.H.

As part of its order, the trial court, relying upon Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001), found that a literal interpretation of Ordinance 401.5 B would be contrary to the constitutional protections afforded property owners.

We recently articulated a new definition of “unnecessary hardship.” See Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).

Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001).

Simplex Technologies v. Town of Newington, 145 N.H. 727, 732 (2001).

Given our recent articulation of a new definition of unnecessary hardship, see Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001), it is appropriate for us to determine the effect, if any, of self-created hardships in the context of variance applications.

Simplex Technologies v. Town of Newington, 145 N.H. 727, 731-32 (2001).