Author:  Lisa Atkinson, American Institute of Certified Planners

In the realm of zoning and land use, a variance request is a common occurrence. Property owners may need a variance for various reasons, such as constructing a building that doesn’t conform to specific zoning regulations or extending an existing structure in a restricted area.

While variance requests may seem reasonable to the applicant, they can sometimes have negative consequences for neighboring properties and the community as a whole.

As a concerned citizen or neighbor, it’s essential to understand the best arguments against granting a variance request. Knowing the right points to raise can not only help protect your property’s value but also contribute to the larger conversation around responsible land use and development in your community.

When it comes to objecting to a variance request, it’s important to focus on the potential impact, adherence to zoning laws, and the reasons behind the request itself.

Key Takeaways

• Understand the impact of variances on neighboring properties and the community
• Be familiar with zoning laws and regulations to make informed objections
• Focus on the applicant’s rationale behind the variance request and evaluate its merit

Understanding Variance

When dealing with land use and zoning issues, you may come across the term “variance.” In this section, we’ll take a brief look at what a variance is, and how it relates to zoning laws and regulations.

Definition of Variance

A variance is a deviation or exception from the established zoning ordinances, granted by the zoning board of adjustment to allow a property owner to use their land in a way that would otherwise be prohibited by the zoning laws. Variances are typically granted to overcome unique circumstances or hardships related to the specific property.

There are mainly two types of zoning variances:

• Area Variance: This type of variance is requested when you need an exception from dimensional or physical requirements specified in the zoning district, such as setbacks, height restrictions, or lot size.
• Use Variance: This type of variance allows the property owner to use the land in a way that is not allowed in the zoning district, such as operating a business in a residential area.  Some jurisdictions do not allow for use variances or restrict when they can be requested.

When considering whether to grant a variance, the zoning board of adjustment will usually take into account factors such as:

• The uniqueness or difficulty of the specific situation or hardship faced by the property owner.
• The potential negative impact on neighboring properties and the surrounding community.
• Whether granting the variance would be in harmony with the zoning ordinance’s overall purpose and intent.

As a property owner, it is important to understand that variances should not be considered a given. You should familiarize yourself with the zoning laws and regulations that apply to your property and be prepared to present a strong case as to why your variance request should be granted. Remember, zoning ordinances are in place to ensure that land use is managed and regulated for the benefit of the entire community, and it’s essential to consider how your request may affect others in your neighborhood.

Reasons for Variance Objection

Neighborhood Concerns

One of the main reasons you might object to a variance request is concerns related to the neighborhood. Your neighbors may fear that the proposed change or addition will alter the essential character of the neighborhood. For example, allowing a taller building than what is currently allowed in the zone could block sunlight for neighboring properties or disrupt views. This could lead to hardship for the existing property owners.

Another issue is related to public welfare. If you believe that the proposed variance will have a negative impact on the well-being of the community, you could raise this objection. Attend a public hearing to voice your concerns, and be prepared to make your point clear and concise.

Property Value Considerations

One significant concern when objecting a variance request is the potential impact on property values. If you believe that the requested change or addition would negatively affect your property value or the property values of your neighbors, this could be a valid basis for appealing the variance request.

Before raising this objection, consult with a real estate expert or an attorney familiar with your jurisdiction’s laws to determine if there is evidence supporting your claim. Presenting well-researched arguments to the zoning board can help to strengthen your case.

Traffic Related Issues

Lastly, traffic-related issues might be a strong argument against granting a variance request. If the proposed change will lead to increased traffic congestion, safety concerns, or difficulties in access for first responders, this could be a valid reason to object. Keep in mind that you’ll need to offer specific examples of how the variance will impact traffic and provide suggestions for mitigating the potential problems.

To make your case at a public hearing, gather information on the current traffic patterns in your area, as well as any existing issues and potential future concerns. Sharing this data with the zoning board can help demonstrate the validity of your objections and would better convey your concerns.

Legalities Around Variance Request

Zoning Board Proceedings

When you apply for a variance request, the zoning board of your municipality will usually lead the proceedings. They will review and assess the details of your application, which might include drawings, side yard setback measurements, location, and your personal circumstances. It’s important to provide clear and accurate details for the board to understand your requirements. Keep in mind that the zoning board’s main goal is to preserve conformity in the area while considering your and your business’ needs.

In cities, villages, and other jurisdictions, the board of adjustment or the planning commission might be involved in these proceedings. To increase your chances of a successful outcome, ensure that you have a well-prepared presentation of the requested variance, including evidence to support your claim of practical difficulty or unnecessary hardship.

Legal Representation in Zoning Board Appeals

It’s not uncommon for applicants to seek legal representation when appealing a decision made by the zoning board of appeals. Having a lawyer on your side can be beneficial in understanding the complexities of zoning laws and regulations, as well as presenting a solid case for your variance request. Legal representation can also assist you in navigating any objections raised by the governing body or other interested parties, ensuring the strongest possible case is presented for your use or dimensional variance.

Legal Aspects of Unnecessary Hardship and Self-created Hardship

Unnecessary hardship is a key factor considered by zoning boards when reviewing a variance request. They assess whether the hardship is caused by unique conditions applicable to your property, which make it difficult or impossible for you to use or develop the land as permitted by the zoning ordinance. To support your case, you must present findings of fact demonstrating that the alleged hardship is not self-created.

Self-created hardship, on the other hand, arises from actions or decisions you or previous owners of the property have taken, making it difficult to achieve zoning compliance. Keep in mind that self-created hardships typically weaken your case for a variance request. It’s essential to provide factual evidence to prove that your situation is an exception and allow the zoning board to make a fair and informed decision.

Petitioning Against Variance Request

Building a Well-Planned Objection

When you find yourself objecting to a variance request, it’s important to build a well-planned objection. First, familiarize yourself with local zoning laws and regulations so you understand the legal framework for the request. This will allow you to identify specific reasons why the variance should not be granted, such as conflicts with the zoning laws or negative impacts on the surrounding community.

Next, gather supporting evidence to strengthen your case. This may include input from neighbors, expert opinions, or studies that showcase potential problems with the variance request. Document any potential negative effects on traffic, noise, or safety in your neighborhood, as these factors can influence the decision of the zoning board.

When you’re ready to submit your objection, ensure that it is clear, concise, and organized. Use bullet points, tables, or bold text to emphasize key points and make it easy for the zoning board to understand your concerns. Remember, a well-planned objection can make a significant difference in the outcome of the variance request.

Effective Appeal Representations

To ensure that your objections are heard and taken seriously by the zoning board, it’s crucial to make effective appeal representations. Start by attending any public hearings or meetings regarding the variance request. This will give you the opportunity to voice your concerns directly to the decision-makers and ask any clarifying questions.

Be sure to present your arguments in a friendly and respectful manner, as you want to establish credibility and maintain a good relationship with the board members. You can also reach out to local community groups, neighborhood associations, or even local media to raise awareness about your objections and gather more support for your cause.

Finally, consider consulting with an attorney who specializes in zoning laws and variances. They can help you navigate the process and ensure that your petition is as strong as possible.

By following these tips, you will have a higher chance of successfully objecting to a variance request and protecting the integrity of your neighborhood. Remember, your well-planned objection and effective appeal representations can make all the difference when it comes to influencing the outcome of the variance request.

Frequently Asked Questions

What are the common reasons for denying a variance request?

There are several reasons why a variance request might be denied. One common reason is that the proposed variance is not consistent with the purpose and intent of zoning regulations. Another reason could be that the applicant’s request is based on a self-imposed hardship, meaning they created the problem themselves. Additionally, if granting the variance would have a negative impact on neighboring properties or if the request is considered to be out of character with the surrounding area, a request may also be denied.

How does granting a variance impact neighboring properties?

Granting a variance can have a variety of impacts on neighboring properties. These may include changes in property values, privacy issues, loss of light or air circulation, and increased noise levels. It is essential to carefully assess these potential impacts before granting a variance, as they could affect the quality of life for residents in the area.

When is a hardship considered self-imposed?

A hardship is considered self-imposed when you, the applicant, have created the problem or the need for the variance by your actions or choices. Examples of self-imposed hardships include purchasing a property with the knowledge that it does not meet certain zoning requirements or voluntary modifications to the property that result in noncompliance with regulations. In most cases, self-imposed hardships are not valid arguments for granting a variance.

What are the potential negative effects of a variance?

Some potential negative effects of granting a variance include setting a precedent for future requests, undermining the purpose of zoning regulations, and creating potential issues for neighboring properties. Other negative effects may involve making it difficult for government entities to enforce zoning regulations or maintain consistency in the overall development of the area.

In what scenarios is a variance request considered senseless?

A variance request may be considered senseless when it lacks a clear rationale, does not demonstrate a legitimate hardship, or when the proposal conflicts with the underlying goals of zoning regulations. Additionally, requests that are based on personal preferences with no clear connection to land use or zoning considerations may also be deemed senseless.

How does a variance conflict with zoning regulations or goals?

A variance request might conflict with zoning regulations or goals if it undermines the intended purpose of those regulations, such as ensuring orderly growth and development, maintaining healthy living conditions, preserving open space, or protecting the aesthetics of the community. If a request is in direct contradiction to these goals or would set a precedent that weakens the effect of zoning regulations, it may be considered a conflict and could be grounds for denial.