Variances
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What is a variance in Construction?
The concept of a variance applies to residential and commercial property. A need or want to do construction or an alteration to their property that does not comply with local ordinance. When they are denied a permit by either the zoning or building offices, they may appeal by way of an application to the Zoning Board of Appeals.
What does variance on a property mean?
A variance in real estate is an exception to a zoning law. Although a property owner may seek a variance for numerous reasons, area and use variances are generally considered the most common. Area variances allow property owners to build or construct something typically prohibited by physical zoning requirements.
What are zoning use variances in Architecture?
A Variance is a “variation” from the requirements of the Zoning Code for a certain type of construction or use.
Types Of Variance In Real Estate
In real estate, when seeking variances, two primary types are frequently encountered: Use Variances and area Variances.
Setback Variances:
These variances enable property owners to make specific alterations to their property that deviate from the stipulated zoning requirements, particularly concerning setbacks. Commonly sought by homeowners, setback variances are among the most prevalent type of variance. For instance, if you intend to install a fence on your property in an area where it is typically restricted, a area variance, if approved, would grant you the ability to erect the fence in that location.
Use Variances:
Typically pursued by real estate investors and developers, use variances, when approved, allow for the utilization of a property in ways that are not conventionally permitted by zoning regulations. For instance, a use variance might enable the establishment of a commercial property in a residential zone or permit the conversion of a single-family residence into a multifamily dwelling.
How it Works
You must first file an application for your variance request to be on the board of appeals agenda for a public hearing, typically held once a month.
Filing an Application: An application for a variance consists of a completed application form, copies of a map or plan, the filing fee, and on occasion other additional information. This has to be done according to your local towns rules.
This is a tedious step and should be done by an experienced team to make sure you don’t lose time and money.
The team at Permits Long Island a JM2 Architecture DPC Company will work on items such as the Assessor’s Map and Lot numbers, zoning district, and type of variance.
The application must be signed by every owner of the property (e.g., both you and your spouse, if you own the lot together).
Permits Long Island will walk you thru every step of the process.
Additionally, notice of the application must be provided to surronding property owners per town requirements.
Map: The map or plan should show the existing features of your property (e.g., lot lines, location of the house, driveways), the proposed activity for which the variance is needed (e.g., location and size of the proposed garage), and the location and extent of the proposed variance (e.g., the shortest distance between the proposed garage and the side property line).
The map or plan should be drawn by a design professionals like JM2 Architecture DPC.
An existing plot plan of your property, brought up to date, may be acceptable –
Other Information: Occasionally, a variance is requested for a situation that cannot be shown on a map or plan – for example, a height variance for a garage or a size variance for a sign. If you are applying for this type of variance, you will need additional drawings which clearly illustrate the type of variance you are requesting.
In order for your variance application to be heard by the Board at a particular meeting, you must submit your completed application every local Goverment has thier own schedule they follow and time frames.
Once the public hearing is closed, the Board has a number of days in which to make a decision. As governed by the towns rules.
Usually (but not always), the Board tries to make a decision on your application right after the close of the public hearing
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