Variance In Real Estate

Under local zoning laws, a variance refers to a legal exemption granted by a local government or zoning board that allows a property owner to deviate from the requirements or restrictions of the existing zoning regulations. Essentially, a variance is a permission to use one’s land in a way that would otherwise be prohibited or restricted by local laws.

Variance requests are typically made by property owners who believe that they face undue hardship or that the existing zoning regulations do not fairly or adequately apply to their property.

To be granted a variance, the property owner must show that they meet specific criteria, such as demonstrating that they face exceptional circumstances that make compliance with the zoning regulations impractical or that the variance would not negatively impact the surrounding area.

The process of obtaining a variance can be complex and time-consuming, and it often requires the assistance of a variance attorney. A variance attorney is a legal professional specializing in land use and zoning laws and helps clients navigate the process of obtaining a variance.

Variance attorneys work with property owners to assess the feasibility of their variance requests and develop and present compelling arguments supporting their requests to the local zoning board. If necessary, they may also represent clients in administrative proceedings or court hearings.

In addition to helping clients obtain variances, variance attorneys may assist with other land use and zoning matters, such as rezoning requests, site plan approvals, and special use permits. They may also provide guidance on compliance with local zoning regulations and help clients avoid potential legal disputes or enforcement actions.

What Are Some Situations Where You Would Request a Variance?

Here are a few examples of situations where a variance request might be necessary:

1. Setback Requirements: Many local zoning regulations require that buildings be set back a certain distance from the property line. However, in some cases, a property may have physical characteristics, such as rocks or trees, that make it difficult or impossible to comply with these requirements. Additionally, for example, a property that is irregularly shaped or has a steep slope may require a variance to allow the construction of a building that is closer to the property line than would otherwise be permitted.
2. Use Restrictions: Zoning regulations often specify what types of land uses are permitted in different areas of a community. However, in some cases, a property owner may want to use their property in a way that is not allowed under the existing regulations. For example, a property owner may want to run a small business out of their home in an area that is zoned for residential use only.
3. Building Height: Local zoning regulations often include height restrictions for buildings in different areas of the community. However, in some cases, a property owner may want to construct a building that exceeds the height limit. This might be necessary, for example, if the property is located near a busy street or highway and the extra height is needed to provide adequate sound insulation.
4. Historic Preservation: In some areas, there may be historic preservation regulations that restrict what changes can be made to historical buildings or properties. However, in some cases, a property owner may want to make changes to their property that are not allowed under these regulations. A variance might be necessary to allow for such changes while preserving the property’s historical character.

How Do I Prove a Case for a Variance?

To apply for a variance to change the permitted use of your land, you must demonstrate that there are unique or exceptional circumstances that justify the need for the variance.

The burden of proof is on the property owner to show that they meet the criteria for a variance and that the variance will not negatively impact the surrounding community.

Here are some of the key elements that may be required to prove a case for a variance:

1. Undue Hardship: Undue hardship is one of the most common justifications for a variance. To show undue hardship, the property owner must prove that they would be denied all reasonable use of their property if they were forced to comply with the existing zoning regulations. This can be a difficult standard to meet, and the property owner may need to provide evidence such as property surveys, photographs, and expert witness testimony to support their case.
2. Unique Circumstances: Another way to justify a variance is to demonstrate that unique circumstances make it difficult or impossible to comply with the existing zoning regulations. For example, if the property is in an irregular shape or if there are physical features such as wetlands or steep slopes that make it difficult to develop the property in compliance with the regulations.
3. No Negative Impact: In addition to showing that there are unique or exceptional circumstances, the property owner must demonstrate that the variance will not negatively impact the surrounding community. This might include evidence that the proposed use is consistent with the character of the neighborhood, that it will not create excessive noise or traffic, and that it will not negatively impact property values.
4. Expert Testimony: Depending on the specific circumstances of the case, the property owner may need to provide expert witness testimony from professionals such as architects, engineers, or environmental consultants. These experts can provide technical information and analysis to support the property owner’s case and help demonstrate that the variance is necessary and appropriate.

In summary, to apply for a variance to change the permitted use of your land, you must demonstrate that exceptional circumstances justify the need for the variance and that the variance will not negatively impact the surrounding community. The application process can be complex and may require the assistance of an experienced variance attorney or other professionals.

Do I Need a Real Estate Attorney to Obtain a Variance?

If you are a property owner who is seeking a variance or facing a zoning-related legal issue, you should consult with a qualified real estate lawyer who has experience in this area. A skilled attorney can help you understand the relevant laws and regulations, assess your options, and develop a strategy for achieving your goals.

A real estate lawyer can provide you with valuable guidance and representation throughout the variance application process, including preparing and submitting your application, responding to any inquiries or objections from the local zoning board or other parties, and advocating on your behalf at any public hearings or meetings.

Whether you are seeking a variance to change the permitted use of your land or facing other zoning-related challenges, a real estate lawyer can provide the legal expertise and advocacy you need to protect your property rights and achieve your goals. So, if you are facing a zoning issue, don’t hesitate to contact a real estate lawyer today to get the help you need.

LegalMatch is an online legal matching service that can help connect you with a qualified real estate lawyer with experience handling variance and zoning-related issues. With LegalMatch, you can easily post your case and receive responses from multiple attorneys interested in representing you.

LegalMatch’s attorney matching service is free to use and offers a simple and efficient way to find the right attorney for your needs. Using LegalMatch, you can quickly and easily find a real estate lawyer with the knowledge and experience necessary to guide you through the variance application process and achieve the best possible outcome for your case.