What is a Variance in Real Estate? A zoning or code enforcement variance is an exception granted to a commercial or residential property owner when strict application of zoning laws would create an unnecessary hardship. Essentially, it allows a property to deviate from certain regulations while still maintaining the overall integrity of zoning policies.
Generally, to qualify for a variance, the applicant must typically prove:
– The hardship is unique to their property and not a general issue in the neighborhood.
– The hardship is not self-created, meaning it arises due to the land’s characteristics rather than the owner’s actions.
– The variance will not harm public welfare or disrupt the community’s zoning goals.
For example, if a homeowner’s lot is an unusual shape that prevents compliance with setback requirements, they might request a variance to build closer to the property line than normally allowed. Variances are usually reviewed by a zoning board of adjustment, and decisions can sometimes be appealed in court.
As a law firm practice that includes zoning and land use law, we can provide legal guidance for clients seeking a zoning variance. We first assess the client’s property, existing zoning regulations, and potential legal arguments for obtaining the variance. We assist in gathering necessary documentation, including land surveys, architectural plans, and hardship statements, to build a strong case for why the variance is warranted. Additionally, we look to ensure the request complies with municipal laws and does not contradict broader zoning objectives, helping our clients navigate complex local ordinances.
Beyond preparing paperwork, we advocate on behalf of our client during public hearings and zoning board meetings. Zoning variances often require approval from local authorities, and opposition from neighbors or community representatives can present challenges. We work to craft persuasive legal arguments, demonstrate compliance with necessary criteria, and address concerns raised by stakeholders. Our attorneys’ experiences with zoning boards and local government agencies allows us to anticipate obstacles and proactively mitigate potential roadblocks, increasing the likelihood of approval.
If a variance request is denied, we can explore legal remedies, including appeals or modifications to the application. We analyze the zoning board’s decision, identify errors or inconsistencies, and help our clients pursue alternative legal solutions. In some cases, an we may negotiate with city planners or propose adjustments that align with zoning laws while still meeting our clients’ needs. By leveraging our knowledge and experience in land use regulations, our lawyers help clients protect their property rights and navigate the complexities of zoning laws with confidence. If you need help drafting an application or preparing for a hearing, our lawyers can assist with that too!
