Area Variance: A Comprehensive Guide to Property Development Flexibility

Introduction

Building your dream home or expanding your property doesn't always fit neatly within local zoning rules. That's where area variances come into play - they're your ticket to making necessary adjustments while staying on the right side of the law. Whether you need a taller fence for privacy or want to build closer to your property line, understanding area variances can make the difference between a successful project and a costly disappointment.

Area Variance: A legal permission granted by local authorities that allows a property owner to deviate from standard zoning requirements related to physical dimensions, such as building height, setbacks, or lot size. An area variance does not change how the property can be used, but rather modifies the spatial restrictions that would normally apply.

Understanding Area Variances

You might need an area variance for various physical modifications to your property. The most common types include:

• Setback modifications: Building closer to property lines than normally allowed

• Height restrictions: Constructing structures taller than standard limits

• Lot coverage: Expanding beyond typical building footprint restrictions

• Yard requirements: Modifying minimum yard size requirements

Unlike use variances, which change how you can use your property, area variances only modify physical dimensions. You might need one if your lot has unusual characteristics, like steep slopes or irregular shapes, that make standard requirements impractical.

The Application Process

Getting an area variance requires careful planning and patience. Here's what you'll need to do:

• Schedule a meeting with your local zoning office

• Submit detailed plans and measurements

• Provide photos and surveys of your property

• Attend public hearings to present your case

Local boards typically look at several factors before approval:

• Physical hardship of the property

• Impact on neighborhood character

• Whether the request is substantial

• Feasibility of alternatives

Practical Considerations

The costs of an area variance extend beyond application fees. You'll need to factor in:

• Professional surveys ($500-2,000)

• Legal documentation preparation

• Possible architectural modifications

Your property value might increase if the variance allows for beneficial improvements. However, consider your neighbors - their support can make or break your application.

Common Challenges and Solutions

Many variance requests face denial because they:

• Ask for too much deviation from standards

• Lack proper documentation

• Face strong neighborhood opposition

Success often comes from:

• Requesting minimum necessary changes

• Gathering strong supporting evidence

• Working with neighbors before applying

Real-World Applications

Area variances help solve real problems. A narrow lot might need setback adjustments to fit a reasonably-sized home. A sloping property could require height variances to build a practical garage. These solutions make properties more functional while maintaining neighborhood standards.

Legal Aspects

Property rights play a central role in variance decisions. If denied, you have the right to appeal, though success rates vary by jurisdiction. Remember that variances typically stay with the property, not the owner, making them valuable for future sales.

Frequently Asked Questions

• Q: Does an area variance transfer with property sale? A: Yes, area variances typically run with the land

• Q: How long does approval typically take? A: The process usually takes 2-3 months

• Q: Can neighbors block my variance request? A: While they can't directly block it, their input carries significant weight

Working with Professionals

Real estate agents can guide you through the variance process, helping identify potential issues before purchase. Attorneys become valuable when facing complex regulations or opposition. Surveyors and architects provide essential technical documentation to support your request.

Conclusion

Area variances offer flexibility in property development while maintaining community standards. Success requires careful planning, proper documentation, and often professional guidance. Bellhaven Real Estate offers expert guidance through the variance process - from initial consultation to final approval. Stop by our office to discuss your property development plans and learn how we can help make your vision a reality.