How hard is it to get a variance approved?

The standard of approval for a dimensional variance is “practical difficulty,” which the courts have defined to mean that strict compliance is “unnecessarily burdensome” and granting the variance would “do substantial justice to the owner.” The “undue hardship” standard for a use variance is much more difficult to meet …

What 4 conditions do you need a variance?

To authorize a variance, the Board must find four things: (1) Due to special conditions, a literal enforcement of the ordinance will result in " unnecessary hardship." (2) The variance is needed sothat the" spirit of the ordinance" will be observed. (3) "Substantial justice" will be done by granting the variance.

What are some reasons you might need a variance?

You may request a variance for building height, building location, setbacks, and lot coverage. You may not request a variance to develop your property for a use that is disallowed in your zoning district"for example, to open a retail store in a residential district.

How long does a variance take?

A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.

How long does a variance last?

As a generally accepted legal principle, zoning variances run with the land. That means that they're unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.

How do you fight a variance request?

A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or …

Who can approve variances?

Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.