Application of Zoning Variance[CD1]
A
variance is a relaxation of a standard in a land use ordinance. Variances are
decided by the zoning board of
adjustment/appeals. The zoning
board is a quasi-judicial body because it functions almost like a court. The board’s job is not to compromise
ordinance provisions for a property owner's convenience but to apply legal
criteria provided in state laws, court decisions and the local ordinance to a
specific fact situation. Variances are
meant to be an infrequent remedy where an ordinance imposes a unique and
substantial burden.
Process
At
the time of application you will be asked to:
1. Complete an application
form and submit a $._____ fee;
2. Provide detailed plans
describing your lot and project (location, dimensions and materials);
3. Provide a written statement
of verifiable facts showing that your project meets the legal criteria
for a variance (Three Step Test in Part 2); and
4. Stake
out lot corners or lines, the proposed building footprint and
all other features of your property related to your request so that the zoning
board may inspect the site.
Following
these steps, the zoning agency will publish notice of your request for a
variance in the county's official newspaper noting the location and time of the
required public hearing before the zoning board. Your neighbors and any affected state agency
will also be notified. The burden will
be on you as property owner to provide information upon which the board may
base its decision. At the hearing, any
party may appear in person or may be represented by an agent or attorney. You or your agent must convince the zoning
board to make a ruling in your favor. The board must make its decision
based only on the evidence submitted to it at the time of hearing. Unless you or your agent is present, the
board may not have sufficient evidence to rule in your favor and must then deny
your application.
______________________
Zoning Board of Adjustment/Appeals
Part 1: General information and
alternatives analysis
To be completed jointly
by the applicant and zoning staff.
Petition
# Date filed ___________¨ $____ fee paid (payable to
_______________)
|
Owner/agent |
Contractor |
Name |
|
|
Address |
|
|
Phone |
|
|
Legal
description: ____1/4, ____1/4, S ____, T ____ N, R ____ E
City/Village/Town
of _____________________________
Fire
number ________________________ Tax parcel number __________________________
Lot
area & dimensions: ____________ sq. ft., ________ x ________ ft.
Zoning
district ______________________________________________
Current
use & improvements:
Description
of any prior petition for appeal, variance or conditional use:
Description
and location of all nonconforming structures & uses on the property:
Ordinance
standard from which variance is being sought (section number and text):
Describe
the variance requested:
Type
of variance requested:
_____ use variance – permits a
landowner to put a property to an otherwise
prohibited use.
_____ area variance – provides an increment of relief (normally
small) from a physical dimensional restriction such
as a building height or setback.
Describe
the effects on the property if the variance is not granted:
Alternatives
Describe
alternatives to your proposal such as other locations, designs and construction
techniques. Attach a site map showing alternatives you considered in each
category below.
a. Alternatives
you considered that comply with existing standards. If you find such an
alternative, you can move forward with this option with a regular permit. If
you reject compliant alternatives, provide the reasons you rejected them.
b. Alternatives
you considered that require a lesser variance and reasons you rejected them. If
you reject such alternatives, provide the reasons you rejected them.
Part 2: Three-Step Test
To
qualify for a variance, the applicant must demonstrate that their property
meets the following three requirements.
1) Unique
property limitations (To
be completed by the applicant)
Unique
physical limitations of the property such as steep slopes or wetlands that are
not generally shared by other properties must prevent compliance with ordinance
requirements. The circumstances of an
applicant (growing family, need for a larger garage, etc.) are not a factor in
deciding variances. Nearby ordinance
violations, prior variances or lack of objections from neighbors do not provide
a basis for granting a variance.
Property limitations that prevent ordinance compliance and are common to
a number of properties should be addressed by amending the ordinance.
Do
unique physical characteristics of your property prevent compliance with the
ordinance?
Yes. Where are they located on your property?
Please show the boundaries of these features on the site map that you used to
describe alternatives you considered.
No.
A variance cannot be granted.
2) No Harm to Public Interests (To be
completed by zoning staff)
A
variance may not be granted which results in harm to public interests. In applying this test, the zoning board must
consider the impacts of the proposal and the cumulative impacts of similar
projects on the interests of the neighbors, the entire community and the
general public. These interests are
listed as objectives in the purpose statement of an ordinance and may include:
§
Public
health, safety and welfare
§
Water
quality
§
Fish
and wildlife habitat
§
Natural
scenic beauty
§
Minimization
of property damages
§
Provision
of efficient public facilities and utilities
§
Achievement
of eventual compliance for nonconforming uses, structures and lots
§
Any
other public interest issues
Ordinance
purpose:
Purpose(s)
of standard from which variance is requested:
Analysis
of impacts
Discuss
impacts that would result if the variance was granted. For each impact,
describe potential mitigation measures and the extent to which they reduce
project impact (completely, somewhat, or minor). Mitigation measures must
address each impact with reasonable assurance that it will be reduced to an
insignificant level in the short term, long term and cumulatively.
Short
term impacts: (through the completion of construction)
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Long
term impacts: (after construction is completed)
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Cumulative
impacts: (What would happen if a similar variance request was
granted for many properties?)
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Impact:
Mitigation:
Extent to which mitigation reduces project
impact:
Will
granting the variance harm the public interest?
Yes. A variance cannot be granted.
No.
Mitigation measures described above will be implemented to protect the public
interest.
3) Unnecessary
hardship
(To be completed by the applicant)
An applicant may not claim unnecessary
hardship because of conditions which are self-imposed or created by a prior
owner (for example, excavating a pond on a vacant lot and then arguing that
there is no suitable location for a home).
Courts have also determined that economic or financial hardship does not
justify a variance. When determining
whether unnecessary hardship exists, the property as a whole is considered
rather than a portion of the parcel. The property owner bears the burden of
proving unnecessary hardship.
§
For an area variance, unnecessary
hardship exists when compliance
would unreasonably prevent the owner from using the property for a permitted
purpose or would render conformity with such restrictions unnecessarily
burdensome.[1]
The Wisconsin Supreme Court also determined that living without a lakeside
porch was a personal inconvenience and did not constitute unnecessary hardship.[2]
The board of adjustment must consider the purpose of the zoning restriction,
the zoning restriction's effect on the property, and the short-term, long-term
and cumulative effects of a variance on the neighborhood, the community and on
the public interests.
§
For a use variance, unnecessary
hardship exists only if the property owner shows that they would have no
reasonable use of the property without a variance.
Part 3: Construction Plans
To be completed and
submitted by the applicant.
Attach
construction plans detailing:
q Property
lines
q Vegetation
removal proposed
q Contour
lines (2 ft. interval)
q Ordinary
high water mark
q Floodplain
& wetland boundaries
q Dimensions,
locations & setbacks of existing & proposed structures
q Utilities,
roadways & easements
q Well
& sanitary system
q Location
& extent of filling/grading
q Location
& type of erosion control measures
q Any
other construction related to your request
q Anticipated
project start date
I
certify that the information I have provided in this application is true and
accurate.
Signed:
(applicant/agent/owner) _______________________________________________
Date:
______________________
Remit
to: [Zoning office address, phone & e-mail]
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