Dave Maxwell
Well-known member
Going for my property variance tomarow. Any tips. Wish me luck. Asking for 42x72. Only allowed 1700 total now
Property variance
- Thread starter Dave Maxwell
- Start date
premierplayer
Well-known member
no kiddin' , go big
good luck
good luck
ForceFed70
Well-known member
Wow, almost twice what the zoning allows for.
Most townships will tell you to go pound sand, but you might get lucky.
My advice:
- Say it's not out of character for the neighborhood because all of your neighbors have large shops (if this is true)
- Come prepared to show them how it won't be an eyesore (whether that means hiding it in the back of the property, landscaping, or whatever you can dream up).
Most townships will tell you to go pound sand, but you might get lucky.
My advice:
- Say it's not out of character for the neighborhood because all of your neighbors have large shops (if this is true)
- Come prepared to show them how it won't be an eyesore (whether that means hiding it in the back of the property, landscaping, or whatever you can dream up).
Stuart in MN
Well-known member
Have all your ducks in a row.
They'll want to know why you need such a large building, how it will affect the neighbors (and if they approve of the size), how it will look (bring pictures, drawings, whatever you can.) Make your presentation look as professional as you can. Wear a clean shirt (and tie, if necessary.)
I had to get a variance for my garage, and when I went before the board I noticed that most of the other people who were there to try to get variances for their projects weren't prepared at all. They got shot down, my variance passed with flying colors.
They'll want to know why you need such a large building, how it will affect the neighbors (and if they approve of the size), how it will look (bring pictures, drawings, whatever you can.) Make your presentation look as professional as you can. Wear a clean shirt (and tie, if necessary.)
I had to get a variance for my garage, and when I went before the board I noticed that most of the other people who were there to try to get variances for their projects weren't prepared at all. They got shot down, my variance passed with flying colors.
That is a huge difference is what the zoning allows. I doubt you get it. The board usually has latitude to allow whatever variance they see fit. You may get some of it but I would be amazed you get all of it. Review boards do not want to set precedence on variance issues because then they cannot enforce the usual code elsewhere. If you do not have an overwhelming and exclusive to your property reason for the variance the board MUST be inclined to deny.
What justification are you using for your variance?
What justification are you using for your variance?
ptschram
Well-known member
In the situations I've been involved with, they have made it clear that variance is a process that allows great latitude but that precedents are not set by variances and that they are all determined on an individual basis.
My biggest issue with zoning in general is the typical language that states that the use has to be the highest and "BEST" use of the property. By who's definition is it best? One man's castle is another's eyesore.
I dont have experience in this area but i wonder if it may help if you make up a floor plan of your building to show them how it will be used - and therefore why you need it. Like tell them you are a serious craftsman and this big area will be your woodworking shop, this area will be your office, this area will be your metal fab, this area will be your classic car/boat/whatever restoration area, etc. i think you get the idea. max out the usage of the entire space to get your point across to them, even if you dont end up using that configuration after its built. Just a thought, it can't hurt.
Falcon67
Well-known member
What he said. I was able to secure a variance for my garage on a lot with no primary building - an almost zero chance deal in most cities. I asked for relief because the lots on our cul-de-sac were drawn really shallow and narrow at 110'x65', so there was no room for any accessory building. We owned the lot next door and it would have been a herculean financial task to get BoA to even think about rolling that lot into our special VA house note. It was best to not even go there, plus the lot is paid for so why encumber it with the house note. Most of the houses in the area that had accessory buildings bought two lots at the time the houses were built, combining the properties into a single larger property. I was also able to show that one house actually straddles two lots and that the lots were legally separate and taxed as such - north half of that house pays like $68 and the south half around $3000. Figure that one out. A bare 50x60 slab next door that was -maybe- never permitted also helped a bit. The owner says he got a permit, the city can't find a record. But then they can't find the permit issued on our 2001 house either.
I had an overall sat picture of the neighborhood, an conception picture I did of the building location, a site plan with the building and house, including lot boundaries and setbacks, another layout of the area with similar or larger accessory buildings highlighted - scarfed from tax accessor web site/terra server system, legal descriptions, couple of pictures of the lot with different views. Try not to use any terms that signal disruptions, such as "hot rod", "car shop", etc. Hobby is OK, storage, etc.
Once they approved the variance, it was forwarded to the council and they had to vote on it. I got it placed on the agenda - it is not automatic here. The City Manager presented the item and I was available for questions (none asked). This chewed up another 30 days because the council meets once a month, second Monday. After it passed the council, the NEXT DAY I secured a building permit. Which turned out to be a single sheet of info signed and turned in, and my "permit" is a receipt for $50.
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ptschram
Well-known member
This can be dangerous as it then allows the BZA folks to state that such activities should not be undertaken in a residential zoned area.
In 1991, I had a variance expire and had an inspector at the property 48 hours later to make sure that all the equipment had been removed as it was not appropriate to have such devices stored in a residence.
bczygan
Well-known member
Helps a lot (Pun intended) to have neighbors on your side and present letters of approval from them, or even better, have them there to testify in person that they approve. Variances never have to be given and some places almost never give them. Do your due diligence and politicking to find out the lay of the land. Meet with planning commission or zoning commission in an informal planning session to find out if your plan has legs.
Falcon67
Well-known member
Oh - add one thing, thanks for the reminder. Yes, helps to know up front by talking with the neighbors. You can work out any potential issues right then. I even had one neighbor come to the final council hearing - pretty neat. However, the P&Z will (typically) make the city manager send out notification letters to everyone inside a certain circle. Here, it's like 500' IIRC. You pay for that too ($25). The best thing for the variance request is that none come back negative and/or nobody shows up at the final P&Z hearing. Took two hearings here - one to allow it to proceed with notifications, one to approve. About 30 days chewed up there too. Then to the council for final approval.
OP
Dave Maxwell
Well-known member
Got 100% approval. Had petition signed by neighbors ahead of time and water and sewer. Departments as well as highway department approval. Probably helped that before my case there was a hour and a half long discussion over a church parking lot that the board finally said. Discuss it with neighbors and come back in an hour. Neighbors were there complaining about proposed landscaping
wuntunearlybko
Well-known member
- Joined
- Jul 8, 2010
- Messages
- 62
congrats man 
i turned in my variance application on friday to start the process so i hope i have as good of luck as you. i would KILL for 170sf! my city only allows 600... i cant even park my truck in that!
i turned in my variance application on friday to start the process so i hope i have as good of luck as you. i would KILL for 170sf! my city only allows 600... i cant even park my truck in that!
Yes each case is individually decided. My caution with precedents was based on making an exception without meeting the standards. Precedents can most certainly be set by a Zoning Board of Appeals if they make allowances without exacting standards applied to the property in question.
As far as "best use", this is applied taxation rates, not zoning. I have never heard that concept applied to zoning. Zoning is a set of a wide variety of compatible uses within a designated area.
Congrats. I forgot to mention earlier, but others did, that having your neighbors on board is the easiest way for a ZBA to lean your way.
OP
Dave Maxwell
Well-known member
Only question board asked was an I sure it's big enough. I said no not really, but am going with what I can without getting to greedy. I have a cow pasture behind me and a farm across the street. Only haven acre and a third though. Need five or more and be zoned ag. here. Can go as big as you can afford. Had to give a speech was the hard part. Had neighbors all signed up when I turned in app a mo th ago. They signed it with no problem. I only lived in this house since Oct 3rd. It was my wife's ain't and uncle though. They paved ground with neighbors for me. Just told board I would like to have my antigye cars and tools all on one place instead of different locations. Need room for eco friendly water born paint booth. Carrying ob the family tradition of restoring and not destroying. Passing it along to my son.