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Tips for a Successful Variance
TIP #1 – Before filing variance – Do you really need one?
- Understand why your permit was rejected
- Can you live within the Ordinance?
- Do you really "need" a variance – or just want one?
TIP #2 - Before filing variance – Do your homework
- Talk to the Building Department
- Talk to your neighbors
- Look, see & observe if similar variances have been granted
- Understand what the legal test is for board relief
TIP #3 – When you file your variance petition
- Write neatly and legibly/type your application
- State specifically why you need the variance, what your
hardship is and why the Ordinance, which caused your denial
unfairly affects you
- Attach all relevant documents to your application
- Avoid, if possible, submitting new documentation to the
Board during the Hearing
- If you cannot submit complex documentation until the hearing
itself, consider an adjournment until the next scheduled meeting
TIP #4 – After filing, but before the Hearing
- The Board will probably inspect the site before the Hearing
- "Clean up" the property/site before inspection
- Talk to your neighbors about your variance/get their support
- If you get neighbor support, have them make a brief, concise
statement at the Hearing
TIP #5 – After filing, but before the Hearing
- If you expect opposition, examine the City Building file a
day or two before the Hearing; any written opposition will be on
file
- Be prepared to deal with written objections at the Hearing
- Consider modifying your variance request to meet objections
TIP #6 – At the variance Hearing: Stop, look and listen
- Stop and examine the agenda: If there are similar cases to
yours, listen to how the Board responds to those cases
- Look around you – If you see your neighbors, try to find out
if they are opposed and if so, why? Can you enlist their support
because they didn’t understand what you are trying to do?
- Listen to the Board; both their questions and discussion may
be an attempt to steer you to a compromise. Never, never, never
take an all or nothing position.
TIP #7 – During your variance presentation:
- Be concise and to the point; the Board has read your
petition, examined your documents and probably inspected the
property or variance site
- Never, ever be rude, threatening or confrontational with the
Board; this will ensure denial
- Never read your application word-for-word to the Board –
Summarize it.
TIP #8 – If you are requesting a sign variance:
- Be sure you have genuine "need" and this is not just a
marketing ploy
- Always, always, always have a mock-up or rendering of the
proposed sign on site, ready for Board inspection
- If the variance relates to "size" be prepared to be flexible
- If the variance relates to "number of signs" be prepared to
explain why they are needed and what the hardship is
TIP #9 – If you are requesting a dimensional/property variance:
- Demonstrate why the hardship is unique to your situation
because of land shape/size/topography
- Convincingly communicate that the hardship was not
self-created
- Point out that the variance is the bare minimum needed to
correct the problem
- Suggest that the variance will not negatively impact any
neighbor, nor will it alter the essential character of the land
TIP #10 – Variance granted – What else to do?
- Pull necessary permits
- Make sure you comply with the variance
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