How To Get Variance
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How To Get Variance

2 min read 20-01-2025
How To Get Variance

Obtaining a variance can feel like navigating a complex maze, but understanding the process can significantly increase your chances of success. This guide breaks down the steps involved in getting a variance, providing clarity and actionable advice.

What is a Variance?

Before diving into the process, let's define what a variance is. Simply put, a variance is an exception granted by a local government authority that allows a property owner to deviate from existing zoning regulations or building codes. This could involve anything from building a structure taller than permitted to using land for a purpose not typically allowed in that zone. Variances are crucial when strict adherence to regulations would create undue hardship.

Common Reasons for Seeking a Variance:

  • Unusual lot size or shape: A property might have unique dimensions that prevent compliance with standard setbacks or building requirements.
  • Pre-existing non-conforming use: An existing structure or land use might not meet current zoning regulations.
  • Hardship: Strict adherence to regulations could impose significant financial or practical difficulties on the property owner.

The Steps to Getting a Variance:

The process of obtaining a variance can vary slightly depending on your location, but these general steps usually apply:

1. Thorough Research and Preparation:

This is the most critical step. Before even considering applying, you need:

  • Understand your local zoning ordinances: Familiarize yourself with the specific regulations impacting your property. This might involve visiting your local planning department or reviewing online resources.
  • Identify the specific variance needed: Clearly articulate the deviation from regulations you are requesting.
  • Gather supporting documentation: This is essential. Prepare detailed plans, surveys, photos, and any other evidence demonstrating the necessity of the variance and its minimal impact on the surrounding community.

2. Submitting the Application:

Once you've gathered the necessary information, you'll need to formally submit a variance application. This typically involves:

  • Completing the required forms: These forms will request detailed information about your property, the proposed variance, and the reasons for your request.
  • Paying application fees: Be prepared for associated costs.
  • Providing all supporting documentation: Ensure everything is complete and accurate to avoid delays.

3. The Hearing and Presentation:

After submitting your application, you will likely have to attend a hearing before a local board or commission (e.g., Zoning Board of Appeals). This is your chance to:

  • Present your case effectively: Clearly explain the reasons for your variance request, highlighting the undue hardship you would face without it.
  • Address any concerns raised: Be prepared to answer questions and address potential objections from neighbors or the board.
  • Demonstrate minimal negative impact: Emphasize how your request will minimize any adverse effects on the surrounding area.

4. Post-Hearing Decision:

The board will review your application and supporting evidence and will render a decision. This decision could be:

  • Approval: Congratulations! You have successfully obtained your variance.
  • Denial: If your application is denied, you can usually appeal the decision, but understand the process and requirements.

Tips for Increasing Your Chances of Success:

  • Hire a professional: A land use attorney or consultant can guide you through the entire process and help increase your chances of approval.
  • Engage with neighbors: Attempt to address potential concerns proactively, which can significantly improve the odds of a positive outcome.
  • Be patient and persistent: The process can be lengthy, so prepare for potential delays.

Obtaining a variance requires careful planning and execution. By following these steps and preparing thoroughly, you significantly increase your chances of success. Remember to always consult with relevant authorities and professionals to ensure compliance with all applicable regulations.

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