How to Obtain a Variance for Your Lot

By eHow Home & Garden Editor

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A variance is required whenever your plan for building a new home or addition violates the existing zoning regulations. Most frequently, a variance is sought to allow construction that is close to the property line.

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Instructions

Difficulty: Moderate

Things You’ll Need:

Postage Stamps
Real Estate Attorneys
Personal Organizers
Stationery
Home Remodeling Software

Step1

Analyze your building plans. Is there any reasonable way you can revise the plan so that it conforms to the zoning? Variances are generally given on the basis of hardship. If your plans can easily be modified to eliminate the violation, your request will probably be denied.

Step2

Obtain a survey of the lot showing the proposed building (or expansion) and setbacks required by the zoning.

Step3

Check with the town for the exact procedure to file for the variance. This can vary somewhat from location to location.

Step4

File the survey along with architectural plans and a brief written statement describing why the variance is required. Check with the town about how many copies of the filing to provide and to obtain any form that must be filled out and returned.

Step5

Notify all property owners within the required distance of the date of the public meeting and the relief that you are seeking. Check with the town to confirm the required distance (usually 200 feet). If in doubt about whether a house is within the distance, include the owners on the list. Send all notifications via certified mail and have the return receipts available at the hearing.

Step6

At the hearing, explain the reasons for needing the variance. Be prepared to answer any questions posed by board members or the public.

Tips & Warnings

Seriously consider hiring an experienced real estate attorney to handle the variance request.
Common reasons for needing a variance include: The building project is too close to the property line; the top of the building is too high from the ground; the plan does not conform to zoning requirements (second kitchen, separate apartment, and so on).
A variance application typically includes a completed form (get this at the town hall), a survey (showing the present condition of the property and the proposed changes), and blueprints for any proposed structures.
Never buy a building lot that requires a variance unless the purchase is fully contingent upon the receipt of the variance.
A municipality is usually required to grant a variance that is necessary to allow a pre-existing lot to be built upon. However, if your variance is rejected, your alternative is litigation; you must show that the town's actions were arbitrary and unreasonable. This is expensive and extremely time-consuming.