Is it hard to get a variance?

A use variance is more difficult to obtain than an area variance. There are many situations where you might require one of these variances, which include: If you want to make a building on an otherwise vacant piece of land. If you want to change how a current building is being used.

What is a variance in property law?

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

What does applying for a variance mean?

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance. It is not a change in the zoning law.

What is a variance in home construction?

A variance is an approved exception to a zoning law. These laws govern almost any outward change you might make to your house or property, such as building or enlarging a deck, putting up a fence, erecting a shed, installing a pool, or adding on to your house.

Does a variance run with the land?

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 write a fence request variance?

Be polite, direct and specific: “I am writing to seek a fence variance for my single-family home at (provide the address and the town.) Current zoning rules say that fences must be no more than 4 feet tall; I respectfully request to install a fence that is 5 feet tall.”

How long does a variance last?

What is an easement variance?

A variance is a form of equitable relief allowing the applicant to use his land in an efficient way by bypassing the local zoning laws.

Will my variance be approved?

In general, your variance will probably be approved if your property has some unique characteristic”a severe slope or an odd shape, for example”that prevents you from enjoying the same kind of property use that your neighbors have.

Does a variance expire?

Can you apply for a variance after the fact?

The Board argues that granting an after-the-fact variance would, “unduly undermine the zoning code’s requirement of needing a permit or variance before beginning any construction” and would be against public interest. If this reasoning were correct, no person would ever be able to obtain a variance after-the-fact.

How do you win a variance hearing?

An important statutory provision applies here: “The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.” For example, if the original owner had a legitimate case for a variance, someone buying the lot from that …