New York Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction

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Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example that may be referred to when preparing such a form for your particular community. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: Understanding the New York Affidavit of Ownership for Variance Applications to Zoning Boards Keywords: New York, Affidavit of Ownership, Application, Zoning Board, Variance, Zoning Restriction Introduction: In the state of New York, when submitting an application to a zoning board for a variance from zoning restrictions, it is often required to include a supporting document called the Affidavit of Ownership. This comprehensive description aims to provide a detailed overview of what exactly the New York Affidavit of Ownership entails, its purpose, and different types if applicable. I. Meaning and Purpose of the New York Affidavit of Ownership: The New York Affidavit of Ownership is a legally binding document that verifies ownership rights of a property. Its main purpose within a variance application to a zoning board is to demonstrate the applicant's relationship and stake in the property for which they seek a variance. By attesting to their ownership, the affidavit ensures that the applicant has the legal authority to request a variance from zoning restrictions. II. Required Information in the New York Affidavit of Ownership: 1. Property Identification: The affidavit should include the precise identification details of the property subject to the variance request, such as its physical address, tax map number, lot and block number, or any other relevant property identification method. 2. Affine's Information: The affidavit should clearly state the full legal name, contact details (address, phone number, email), and other identifying information of the affine — the individual or entity who owns the property. Proof of identification may be required to accompany the affidavit. 3. Ownership Details: This section requires a comprehensive account of the affine's ownership interest in the property. It should include supporting documentation, such as the deed title, property survey, or any other legal instruments demonstrating ownership. 4. Affine's Authorization: The affidavit must include a statement declaring that the affine is the record owner or possesses a lawful interest in the property. Additionally, it should affirm that the affine is authorized to submit the variance application to the zoning board on behalf of all interested parties, if applicable. III. Alternative Types of New York Affidavit of Ownership: While specific types of affidavits may not exist exclusively for a variance application, different variants of the New York Affidavit of Ownership might be required in certain circumstances. Some examples include: 1. Corporate/Entity Ownership Affidavit: If the property is owned by a corporation or other legal entity, an affidavit that verifies the ownership in the name of the entity may be requested. 2. Trustee Ownership Affidavit: When a property is held in trust, a trustee ownership affidavit may be necessary. This type confirms the affine's authority as a trustee overseeing the property on behalf of the beneficiary. Conclusion: Understanding the New York Affidavit of Ownership is crucial when applying for a variance from zoning restrictions. By providing the necessary ownership information, this document supports the credibility of the variance application and demonstrates the applicant's legal authority over the property. Specific requirements may vary, so it is essential to consult with legal professionals or zoning board officials for accurate guidance.

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What is a Variance? A variance is a request for relief from the strict application of zoning regulations to alleviate an unusual hardship to a particular property. For example, a homeowner may request that a room addition be permitted closer to the property line than the Zoning Ordinance would normally allow.

Examples of zoning variances Intent to change the use of an existing property or building, like turning a house into an antiques store. Intent to build a structure on vacant property.

What does variance mean in zoning? A variance is a specific waiver a property owner can use to make changes to their land that otherwise would go against local zoning ordinances.

A variance allows you to deviate in some way from he requirements of the Zoning Ordinance. You may request a variance if certain physical conditions of your property (e.g. size, shape, topography, location, or surroundings) make it impossible or unreasonable for you to strictly comply with the Zoning Ordinance.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

A real estate variance is an exception to local zoning regulations that allows homeowners or investors to either develop or use their real estate in ways that are normally not allowed. A variance in real estate must be requested from local zoning boards and are only awarded on a case-by-case basis.

Summary of Use Variance Criteria The applicant cannot realize a reasonable return on his/her property - this inability must be substantial as shown by competent financial evidence. The alleged hardship is unique and does not apply to a substantial portion of the district or neighborhood.

A (esidentialAgricultural) Zoning District. The A zoning district is intended to provide for areas appropriate for detached singlefamily residential dwelling units and light farming uses, each located on a single legal lot; B. 1 (SingleUnit esidential) Zoning District.

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INSTRUCTIONS FOR FILING APPLICATION WITH THE ZONING BOARD OF APPEALS. IN THE VILLAGE OF NORTH HAVEN. 1. FILL OUT THE APPLICATION FORM, MAKING SURE THAT THE ... When the owner sought a permit to construct a theater on the plot, he was refused and this refusal was upheld by the court on the ground that the variance.All requests for zoning variances and special permits must be made on the Board's ... Before filing, the applicant must first file a complete alteration ... A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing ... - Completed Application Form. - Copy of Denial letter or Violation Notice. - Copy of Survey. - Building Plans including: Site Plan showing required Zoning ... Mar 3, 2023 — An application for a variance or interpretation CANNOT be accepted by the Planning & Zoning ... in the State of New York including the submission ... Current Notice of Disapproval from the Building Department dated within the last 60 days, together with survey, site plan and building plans. Dec 2, 2022 — Individual applicant or applicants who are husband and wife need not file this affidavit in connection with applications for an area variance or ... Jul 23, 2021 — Complete the Use Variance Application Form and email to one of the Planners listed below. If the attachment exceeds 5 MB contact the ... e. A short statement explaining the nature of the application, which shall include the section(s) of the Village Zoning Ordinance requiring variances.

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New York Affidavit of Ownership to be Attached to Application to a Zoning Board for Variance from Zoning Restriction