Definition of Variance for Property Zoning Purposes

A variance is a request to deviate from current zoning requirements. If granted, it permits the property owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance.

What are some good examples of a variance request?

• I would like to build a gazebo in the backyard.
• I request a second-story addition in a one-story zone.
• Though I own an odd-shaped lot, I want to reduce slightly the setback requirements to fit a building.

Case Studies: Variance Requests for Property Zoning Purposes

Case Study 1: Residential Property Conversion

A property owner in a residential neighborhood requested a variance to convert their single-family home into a bed and breakfast establishment. The zoning ordinance strictly prohibited commercial activities in the area.

The owner argued that the bed and breakfast would contribute to local tourism and provide economic benefits to the community.

After a thorough review of the proposal and considering the potential impact on the neighborhood, the variance was granted, allowing the property owner to proceed with the conversion.

Case Study 2: Home Office in a Commercial Zone

A small business owner requested a variance to operate a home office in a commercial zone. The zoning ordinance limited the use of residential properties in the area to strictly residential purposes.

The business owner argued that the home office would not disrupt the character of the neighborhood and would allow for a more convenient operation of their business.

The variance was granted, allowing the business owner to establish a home office, subject to certain conditions to mitigate any potential negative impact on neighboring properties.

Case Study 3: Building Height Exception

A property owner sought a variance to exceed the maximum height limit for a new construction project. The zoning ordinance imposed height restrictions to maintain the visual appeal and compatibility with the surrounding structures.

The property owner presented a compelling case, demonstrating that the increased height would allow for better utilization of the land without compromising the aesthetics of the neighborhood.

The variance was granted, permitting the property owner to proceed with the construction, subject to design guidelines to ensure visual harmony.