considering applying for a variance in tampa Florida

[ufvj217]

Not sure what my chances are of if its even worth it.

my backyard is about 80' deep from the back of my porch, by about 68' wide at the very back of the property (its about 72 wide at the front and narrows down from there slightly)

Anyway, the setbacks for me is 3' sides and 3' rear, only if its a max of 900 sqft and 15' overall height. That isnt big enough, so id have to follow the 7' sides and 20' rear. Well that wastes a ton of space in the back. My argument if I apply for a variance would be that if I can do 3' off the back and sides and have it up to 900sqft, so itd be about 60 to 62' wide by 15' deep, whats the difference if it's larger towards the front of my property? More like 50' deep instead of 15. Aiming for around 3k sqft with 15' ceilings. There are no rear neighbors, just a private school. Anyone have luck with winning a variance for setbacks? Thats really gonna screw me up if I have to come in 20 feet, will leave me with literally no back yard between the garage and my house, and 20 x 68 of wasted space behind the garage where no one will ever go.

 

[Falcon67]

Variance = resolution of hardship. Unless your neighbors enjoy similar size buildings with similar setbacks, you're very likely going to be denied. It's very hard to be the first driveway car port on the block, easy to be the 2nd.

 

[Stuart in MN]

There have been a number of previous discussions here on how to get variances, with the search function at the top of the page you should be able to find some of them. Of course the requirements are going to vary, depending on where you live, but the big thing is to be prepared - when you apply for the variance they'll give you a list of things to do, and follow them to the letter. They may include getting signatures from neighbors, posting signs that state a variance has been applied for, etc. Show up for the variance hearing with all your information; site plans showing how you want the building to be located, photographs, and anything else that will help your case. Have your notes organized, bring copies for all the variance board members. Put on good clothes and get a haircut.

None of this is going to guarantee results but it all helps. I had to get a variance for my garage based on its height; when I showed up for the review board they denied every other person there except for me, and I believe it was because they weren't prepared, and they couldn't show the board a good reason why they deserved to get a variance.

 

[ufvj217]

Good tips. None of the neighbors have detached garages but the ones to the left are selling their house and the ones to the right I'm sure would not mind giving their approval.

 

[finn]

You will be covering something like 50% of your residential back yard with a 15' high building. My money says that the city isn't going to let that happen.

I'd say put the house on the market and move to some acreage in the country.

 

[Chaznsc]

Every jurisdiction is different. Some are impossible, some are almost too lenient. Technically, you have to prove:

a hardship (not economic)
no damage or dilluted value of adjacent parcels
unique issue to your property.

Doesn't "sound" like you meet any of those, however, I'd go meet with the planning official and show them on paper what you want to do. They usually have a good idea if their office would support and if the variance commission is friendly towards your kind of request.

 

[ufvj217]

You will be covering something like 50% of your residential back yard with a 15' high building. My money says that the city isn't going to let that happen.

I'd say put the house on the market and move to some acreage in the country.

See that's my argument. If I do 7 sides and 20 rear, and I wanna say it was 10 ft from the main house, i can build it as large as i can fit within those setbacks. And 35' high. Thats without a variance. I just woukd like to build that samr thing, only 17' further back.

 

[bczygan]

Some places will allow you to have an informal planning session with the planning department before a formal request and presentation.
Also, do your due diligence and find out how things went for others.
The formal request can be expensive.
Do your politicking with the neighbors. If you can bring affidavits or letters or actual neighbors to the meeting, who support you, that helps.
Some places resist larger accessory buildings because they suspect you will run a business from there. And zoning doesn't support it.

 

[theoldwizard1]

Some places will allow you to have an informal planning session with the planning department before a formal request and presentation.

Yep. Mine was, "No way, no how, never gonna' happen. It will never get past the zoning board !" So the neighbors would never get a chance to comment.

 

[shannonw]

i put in an aluminum carport, I was considering a variance to make it fit 2 cars i'd have had to go 3 feet instead of the 7....variance hearing was $1k just to be heard in hills county.

that's just what i remember hillsborough county telling me when i called them about a variance. Considering it was a carport I just went big within the 7 so i could at least get my truck well covered. Dang hearing would have cost 20% of what i was spending for the carport!!

 

[rancherbill]

The law is the law is the law.

A variance is only granted when the law doesn't make sense.

Convenience and efficiency are not reasons.

 

[theoldwizard1]

The law is the law is the law.

A variance is only granted when the law doesn't make sense.

Convenience and efficiency are not reasons.

I disagree.

If a variance, for convenience, that is not too far out of the "letter of the law" zoning boards will usually leave it up a survey of the neighborhood.

 

[ufvj217]

Which in my honest opinion this isn't too far out of the normal regulations. I agree with you theoldwizard.

 

[Falcon67]

The law is the law is the law.

A variance is only granted when the law doesn't make sense.

Convenience and efficiency are not reasons.

Maybe. But - I've been in a hearing where some people wanted a variance to put an addition on the back that was over all the setbacks so they could house a grandmother. Damn small lot as I recall - who plats this **** anyway. City Planning recommended no to the Zoning Board, lines is lines, rules is rules, no other cases like this in the area, so very sorry. Lady pled her case, Zoning told Planning to take a hike and granted the variance. So it can happen LOL.

 

[phred]

I live in Atlanta. In the city walking distance to midtown. I've been working on getting a variance to expand my garage since July. Patience and doing your homework is the key. Spend some time down at the planning & zoning office and ask questions. Don't argue just gather info. Be willing to spend the money up front to have all he engineering, (civil, structural, etc done anyway. This helps the powers see you are committed and are willing to work with the system) It can be very frustrating. My wife had to step in at one of the hearings when I was about to loose my cool and smooth things out when the chairman of the committee over stepped his bounds and basically called me a liar. I have had 3 hearings so far. 1 to go. Hope all goes well in April.
Can't believe I've spent 9 months and thousands just to get the approval to build.

Good luck

 

[rancherbill]

.......Lady pled her case,....

That's what I said. The law is the law unless it DOESN'T MAKE SENSE in your particular case.

I was on an appeal board. Here's how it works in my area. There is a zoning plan, the staff in the office can grant certain variance generally 5-10%. If that doesn't work they have to reject it, because they do not have the authority.

It goes to the appeal board and they hear the FACTS about the request. Did you notice the statement about facts. Based on the facts a decision is made.

If it makes sense, the variance is granted.

 

[59bones]

I have petitioned for variances many, many times and was unsuccessful only once. Here is a little background and maybe how I would approach things. All info is based on how it is generally done in the suburbs of Chicago.

You are seeking a variance from a Zoning Code. Make sure you have read it and understand all of the possible issues. Is it "setbacks" only or is there a "maximum allowable lot coverage"? Do you need a variance for "height"? Most communities severely restrict the height of "detached accessory buildings".
There could be a requirement that a detached garage can only be say Half the size of the principle structure. Read up.

Find out when your lot was "platted". Month and year. Find out when Zoning Ordinance was written. If Ordinance was written after plat of subdivision, it may be to your advantage as you may be able to argue that the Ordinance is too restrictive for your old lot. You may be able to invoke the "grand-fathered" clause.

In most places, you have to prove that the Zoning Code places a "hardship" on you. You cannot create the hardship and just because you want a humongous garage does not constitute a hardship. Go with the angle in the above paragraph if you can.

You may also have to state "Findings of Fact". This may include statements such as "It is not detrimental to the neighbors" "It is consistent with what is found in the area".

Like someone else stated, follow the requirements of your community as far as paperwork, public notices, dates, etc. You should also meet with the Zoning Administrator and somehow persuade him/her that you deserve what you are requesting. You need to get the "support of staff" as they are usually asked to present their opinions.

Some Zoning Board of Appeals merely make "recommendations" and then it goes to the City Council or County Board for final decision. Some can actually make formal decisions. Make sure you know the process your community uses.

You should obviously have drawings/exhibits so everyone can see what is being proposed. You may have to turn in a bunch of copies with your application. Get some google earth images, especially if there are some similar buildings nearby. It also usually helps if your proposed building doesn't look like **** and is designed to complement the house.

If you get a hearing scheduled, congratulations! I hope you are good with public speaking. Prepare your notes or a little cheat sheet outline and go right down the list. If what you are requesting makes sense, you'll be fine.

Good luck to you.

 

[59bones]

Well that was a heck of a first post...Hope that's OK.

 

[ufvj217]

Good detailed post!

On the "grandfathered in" thing...I recently bought the house within a year. The house was built in the 50s however. So im not sure, but even if thats true, they may say since I just bought it that may be out the window.

 

[59bones]

It doesn't matter when you bought it. Find out when it was platted and compare that to when the Zoning Ordinance was created.

 

[ufvj217]

Ill have to see if I can find that information.

 

[Falcon67]

That's what I said. The law is the law unless it DOESN'T MAKE SENSE in your particular case.
....

If it makes sense, the variance is granted.

Not always either. I built my shop on the open lot next door. We own our house lot and the lots on either side. They are combined on the tax rolls as a single entity. So it's all one big lot. My request was for the building because there were plenty of other buildings larger than mine on lots next to houses, double lots grouped as one, etc, etc. I also asked for a variance on the 5' side lot line so I could bring the building closer to the house. Several other buildings in the neighborhood are sitting right on the lot lines, both side and back. (setback here are 3' off alley and 5' off side) It is our lot and there is no fence, so you couldn't even tell there was a lot line where I wanted to set it.

Variance for building - granted
Variance for lot line - denied

Did the City Manager ever come and look to see if I complied with any setback, or did the inspector check setbacks? No. If I had time and $, I'd add 6' onto the west end just for spite.

 

[Truman Sparks]

It may be helpful to find a planner at the city, and sit down for an informal discussion about what's generally possible and what's not. You never know until you ask.

Tampa has got some funky things going on, especially in some of the old neighborhoods. There are residential lots that have buildings with zero setback (grandfathered, of course), with overhangs that actually encroach on the "airspace" of the adjoining property. Their basic setback requirements are also less restrictive than some of the other Tampa Bay area cities. So, maybe they'll have an easy going attitude...

 

[finn]

Not always either. I built my shop on the open lot next door. We own our house lot and the lots on either side. They are combined on the tax rolls as a single entity. So it's all one big lot. My request was for the building because there were plenty of other buildings larger than mine on lots next to houses, double lots grouped as one, etc, etc. I also asked for a variance on the 5' side lot line so I could bring the building closer to the house. Several other buildings in the neighborhood are sitting right on the lot lines, both side and back. (setback here are 3' off alley and 5' off side) It is our lot and there is no fence, so you couldn't even tell there was a lot line where I wanted to set it.

Variance for building - granted
Variance for lot line - denied

Did the City Manager ever come and look to see if I complied with any setback, or did the inspector check setbacks? No. If I had time and $, I'd add 6' onto the west end just for spite.

Must be a Texas thing. Other places have a process where you can combine lots (replat) and effectively erase the old "internal" lot lines. People do this all the time for teardowns on small city lots, in order to build a larger structure.

Dividing a lot is sometimes more difficult.

Are you sure there isn't a mistake here.

 

[ufvj217]

Not always either. I built my shop on the open lot next door. We own our house lot and the lots on either side. They are combined on the tax rolls as a single entity. So it's all one big lot. My request was for the building because there were plenty of other buildings larger than mine on lots next to houses, double lots grouped as one, etc, etc. I also asked for a variance on the 5' side lot line so I could bring the building closer to the house. Several other buildings in the neighborhood are sitting right on the lot lines, both side and back. (setback here are 3' off alley and 5' off side) It is our lot and there is no fence, so you couldn't even tell there was a lot line where I wanted to set it.

Variance for building - granted
Variance for lot line - denied

Did the City Manager ever come and look to see if I complied with any setback, or did the inspector check setbacks? No. If I had time and $, I'd add 6' onto the west end just for spite.

Yea what im considering doing is building it 20' off the rear, 3 walls block and the rear wall frame, then after inspection I could do as you said and knock out that frame wall and add an additional 15 to 17 feet so its about 3 to 5 feet from the rear line.

It may be helpful to find a planner at the city, and sit down for an informal discussion about what's generally possible and what's not. You never know until you ask.

Tampa has got some funky things going on, especially in some of the old neighborhoods. There are residential lots that have buildings with zero setback (grandfathered, of course), with overhangs that actually encroach on the "airspace" of the adjoining property. Their basic setback requirements are also less restrictive than some of the other Tampa Bay area cities. So, maybe they'll have an easy going attitude...

South tampa does have a lot of old houses near me that are nearly built on top of each other. Im curious if they were to do an addition or a total rebuild, if they'd have to follow current setbacks or the grandfathered ones?

 

[finn]

My son is up against this in Royal Oak Mi. The city told him that he can maintain his current footprint if he rebuilds, but if the footprint changes the structure has to meet the new setback requirements, which means he in effect looses his back yard.

He's therefore stuck with what he has.

If you change the footprint as you propose, and you get caught, you will have to demolish the addition (and pay the fine).

I also wouldn't expect much cooperation on future projects.

 

[ufvj217]

Thats another thing I was curious about. Will they 100 percent make you demolish anything built without a permit that is over the setbacks? Even its is built 100% professionally up to code and looks nice?

 

[bczygan]

Thats another thing I was curious about. Will they 100 percent make you demolish anything built without a permit that is over the setbacks? Even its is built 100% professionally up to code and looks nice?

Um, YEAH!

But not always. Depends on severity, intent and other factors.

Expect plenty of trouble and cost.

 

[DekeT]

Trouble with questions like this is that no answer is correct. Every locale has their own set of rules. procedures, and standards for variances. Many of the posts provide good advice in general for approaching the variance but the OP will no doubt have a unique set of problems to overcome for getting what he wants done. There is no substitute for working closely with your local officials.

 

[finn]

Trouble with questions like this is that no answer is correct. Every locale has their own set of rules. procedures, and standards for variances. Many of the posts provide good advice in general for approaching the variance but the OP will no doubt have a unique set of problems to overcome for getting what he wants done. There is no substitute for working closely with your local officials.

Agreed, but if you work closely with the local officials but have a hidden agenda, as the op suggests, the officials are likely to get really nasty when they find that you deceived them. If you violate their trust, expect consequences.