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Variance help.

Jslys13

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Mar 17, 2012
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akron ohio
I am applying for a variance for an additional 80 square feet for my garage build. The zoning inspector said I need to write a letter stating why I need the extra sqft. I really just want it because I want the building to be 32x40, so every thing is on eights. I don't know if that answer will be good enough. What do you guys suggest I write?
 
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sixty4

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Honest opinion talk to a zoning attorney, before writing back. In my area you need to show a real sort of hardship (for any type of Variance) and that what you are doing fits the character of the neighborhood and will have no effect on your neighbors. I went through hell when putting up my garage and would of never been able to put it up without the help of a zoning attorney (for me money well spent). Good luck!
 

CTyankee

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you need to size it to fit standard building material, 4x8 etc.

Just 'cuz you can say it, doesn't mean it's true....Don't think that's gonna fly...

Think you're gonna need to show hardship as Sixty mentioned.
 

jwh

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Rochester NY
Zoning Attorney sounds like a good idea. Having had to appear in front of the Zoning Board in my town twice, (second time being 2 months after first time was denied), get all your "ducks in a row."

Talk with your neighbors before they get the notice from the town in the mail on what you want to do.

Know other non-variance type alternatives, if any. Example: I wanted to expand an existing attached one car garage into a two car. Existing garage would grow in both length and width. Problem was distance from lot lines. Similar detached garage could be built without variance due to different lot line requirements. Would also require tree removal, more blacktop etc. Was ready to go that route if variance didn't go through.

John
 
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Jslys13

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akron ohio
I have talked to the neighbors. And they say they are ok with it. My closest neighbors are about 250 yards away. I live in the country 700 feet off the road. I don't think I will have a problem getting the variance. Just need to know how to word it.
 

Leaflessshadetree

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Don't ask.
Prepare a floor plan indicating how you plan on using the space. Have nice legible drawings and keep your request concise. Just state the facts.
Be prepared to speak about your request. Try and anticipate any questions/concerns they may have.
 

sixty4

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I have talked to the neighbors. And they say they are ok with it. My closest neighbors are about 250 yards away. I live in the country 700 feet off the road. I don't think I will have a problem getting the variance. Just need to know how to word it.

Ok have to ask. Your 2 1/2 football fields away from your neighbor and 700' off the road and this guy wants an explanation why? You should have zero issues getting a permit without a variance I would think (every place has specific rules). I would be questioning why you need a variance in the first place. Is it a size issue, height issue, location or something else?
 
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Jslys13

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akron ohio
Ok have to ask. Your 2 1/2 football fields away from your neighbor and 700' off the road and this guy wants an explanation why? You should have zero issues getting a permit without a variance I would think (every place has specific rules). I would be questioning why you need a variance in the first place. Is it a size issue, height issue, location or something else?
It's a size issue. 1200 sqft is the max without a variance.
 

pstnbly

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So. Vermont
It certainly depends on the jurisdiction, but as a former zoning board member I would say that falls in the category of "want" not "need' and where I live no variance would not be given. To understand this you must realize every variance sets a precedent for future variances to be issued upon. Pretty soon every inch issued becomes a mile.
 

Schurkey

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The Seasonally Frozen Wastelands
Last time I was in front of a zoning board, they denied my variance for 1200 sq ft rather than the standard 1000 sq ft because: (Direct quote)
If he builds a bigger garage, he'll just store more stuff outside

It is impossible to reason with unreasonable people.
 
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larry_g

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oregon
You live in the country... In my county they consider a barn differently than a shop. Research the terminology in your county and see if there is a difference. You may have to build a barn...

lg
no neat sig line
 

Thumper68

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Duluth MN
What Larry g said.

I needed a variance for a shed, 12x24 on a old slab that didn't meet the set backs. I got a letter from the property owner on that corner of the lot, this shed was to store seasonal equipment to properly take care of our 1.5 acre lot. And that is exactly how I worded the request also stating that a detached "shed" was a better place to store power equipment than in the carriage house with apartments above the garage space.
 
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Jslys13

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akron ohio
From what I heard from an employee at the Township only one variance has been denied in the last 6 years. I honestly don't think it will be a problem. My voning meeting is at 7pm tonight. We will find out then.
 

Falcon67

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Merkel, TX
Let us know - usually in these situations, you need to find something close buy that's already been varied in from the norm. There is no hardship - you are looking for a neighbor that already enjoys a special privilege that you might be denied. Use Google Earth - it has a measuring stick you can use to size up other outbuildings. All you need is one. It's like car ports - the first one in a neighborhood is the hard one, after that the cat's out of the bag. First one is a variance issue, after that it's just a formality and issue a permit.

I would not have my shop if it wasn't that at least 4 houses close by have "accessory" buildings on adjacent lots without a primary building. One is larger than mine - 24x48 or so. And that many houses in the neighborhood own or sit on more than a single lot. Like, nearly everybody because a 60x110 lot is tiny in Texas LOL.
 
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maxpower_hd

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Massachusetts
It definitely depends on your area and what the variance is for. For your situation it sounds like needing to keep measurements to avoid wasted building materials and meeting a minimum size for your needs may fly if explained well.

For example if you were restoring antique cars you could stat you need x number of feet for the installation of a lift and still allow for x feet on one side for benches and equipment and x number of feet to allow you to move a non-running vehicle from the lift to the rear of the shop and be able to work around it. Yada yada. They may just be looking for a well thought out answer as opposed to just bigger is better.
 
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Jslys13

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akron ohio
Let us know - usually in these situations, you need to find something close buy that's already been varied in from the norm. There is no hardship - you are looking for a neighbor that already enjoys a special privilege that you might be denied. Use Google Earth - it has a measuring stick you can use to size up other outbuildings. All you need is one. It's like car ports - the first one in a neighborhood is the hard one, after that the cat's out of the bag. First one is a variance issue, after that it's just a formality and issue a permit.

I would not have my shop if it wasn't that at least 4 houses close by have "accessory" buildings on adjacent lots without a primary building. One is larger than mine - 24x48 or so. And that many houses in the neighborhood own or sit on more than a single lot. Like, nearly everybody because a 60x110 lot is tiny in Texas LOL.

I found a property 4 houses down from me with a garage larger that the maximum Sq ft. According to the county auditor website it's 1500 sqft.
 

Cyberbear

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Nov 23, 2013
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California
When I once worked for a remodeling contractor and needed a variance, we'd look around the immediate area and find someone who already did what we wanted to do. Once they allow someone to be granted a variance, they must allow others to also do so, or risk the negative fall out from discrimination charges and unfair application of the codes. Take your time and do the research, all codes are subject to interpretation.
 

jetnow1

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Jun 27, 2016
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CT.
Many years ago I bought a lot with an existing foundation. It was subdivided 12 years after the foundation had been poured. I applied to build on the foundation and was denied
due to one corner being 29 feet from a little frog pond in front of the house, and sometime between when the property was subdivided and the original pour the zoning regulations had been changed to 30 from open water. I went for a variance and they told me that it was a self inflicted hardship as I had not read their regulations when I bought it.
I told them I had not read the regulations then but had now and I saw they allowed an non dwelling building such as a garage or pool house to be right up to the edge of wetlands as long as it met setback requirements. I informed them in the event it was
refused I would use the existing foundation as a dog run and I would throw all that dog
**** in the pond. I received the variance.
 

maxpower_hd

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Massachusetts
In rural areas they typically just want to know there is a reason and not just have everyone throwing up bigger and bigger buildings. Glad it worked out so easily.

In our area variances require a town meeting approval...and more often than not ends with denial. I actually reduced the size of my garage build just to avoid the delay of the meeting and likely denial.
 

bczygan

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Nov 4, 2009
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DETROIT! Arsenal of Scrappers
I found a property 4 houses down from me with a garage larger that the maximum Sq ft. According to the county auditor website it's 1500 sqft.

Cool that you got approved. We had one municipality that said, and I quote, "We are an affluent community and residents are lucky to live here, so we don't have to give out variances, and they will be very hard, if not impossible to get". Of course the thousands of dollars spent preparing for and submitting a variance are then money wasted.

What was your submission and argument? Did you have to use the above example?

Bill
 

Steves32

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Feb 12, 2011
Messages
845
My PL variance was for a whopping 1’ 8”. My lot is pie shaped and under 10ft to PL requires a variance. Because of the PL angle, it required me to clip off the front corner of my garage- garage is not parallel to PL. I jumped through all their hoops. Got a surveyor out hoping the curb mark was wrong. It wasn’t. Got letters & signatures from neighbors. Submitted it all & denied. Went to city hall & met with a few counter people & pleaded my case. One very nice guy suggested I make front elevation drawings of garage with & without variance. I did this & met him at counter a week later. He had a lady come out to counter who is in charge of all this & they suggested I come to their next meeting & pitch this in person. So I did. At 1st, those in meeting were unmoved. 10 ft or nothing- clip corner or build garage smaller. Then that woman stood up & showed my elevation drawings & passed letters I got around to other members. Going smaller wasn’t really an option. She liked the elevation with the unclipped corner & it matched the elevation of the house on other side of house. I also submitted photos & addresses of other garages in the area that were built much closer to property line than I proposed. Overwhelming opinion was I had a good point. Plans were stamped approved the same day. This is different than OP’s problem but goes to show you that doing your homework & fighting for what’s right works.
 
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