Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners
Definition and Meaning
The Notice of Hearing for Variance Before Board of Zoning Appeals is a formal notification sent by an applicant to inform interested property owners of a scheduled hearing regarding a variance request. A variance is a legal permission to deviate from specific zoning requirements set forth in local ordinances. The purpose of this notice is to ensure transparency and give affected parties the opportunity to voice their opinions on the proposed variance.
Who Should Use This Form
This form is intended for applicants seeking a zoning variance from the Board of Zoning Appeals. It is crucial for individuals or entities who wish to modify existing property usage permissions to communicate their intentions clearly to neighboring property owners. Property owners, tenants, and other interested parties who may be affected by the variance decision should also be aware of this form and the associated hearing.
Key Components of the Form
The Notice of Hearing for Variance includes several key components that define the purpose and details of the hearing:
- Applicant Information: Name and contact information of the individual seeking the variance.
- Property Description: Clear identification of the property for which the variance is requested, including its legal description and address.
- Proposed Variance: A detailed explanation of the variance sought and how the property will be used if the variance is granted.
- Hearing Details: Date, time, and location of the hearing, allowing parties to know when and where to attend.
- Objection Requirements: Instructions on how interested parties can submit objections to the variance request.
Common Mistakes to Avoid When Using This Form
When completing the Notice of Hearing for Variance, applicants should be aware of common errors that could jeopardize their request:
- Failing to provide a complete legal description of the property.
- Not clearly stating the intended use of the property if the variance is approved.
- Missing the submission deadline for notifying interested property owners.
- Neglecting to verify that objections are submitted in writing and according to specified guidelines.
What Documents You May Need Alongside This One
In addition to the Notice of Hearing for Variance, it may be necessary to prepare and include the following documents:
- Variance Application: A formal application detailing the reasons for the variance request.
- Notification List: A list of all property owners receiving the notice to ensure compliance with notification requirements.
- Site Plans or Drawings: Visual representations of the proposed changes to the property to clarify the variance request.
- Affidavits: Sworn statements confirming any required signatures or ownership claims.
Legal Use and Context
The Notice of Hearing for Variance serves an essential purpose in the zoning appeal process. It is a legal document designed to uphold due process by ensuring stakeholders are aware of the proposed changes and have an opportunity to voice their concerns. Ultimately, the hearing allows the Board of Zoning Appeals to evaluate the merits of the variance request in light of zoning laws and regulations.
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FAQ
As a generally accepted legal principle, zoning variances run with the land. That means that they're unaffected when you sell your house. However, some variances can be limited for 5 or 10 years, and when they expire, the new owner would have to obtain a new variance.
Present a (real) hardship. Be Respectful. Be Prepared. Create exhibits. Practice your argument. Review with the ZEO.
A complete Variance application submitted to the Planning Division office by the deadline date will be scheduled for the Planning Commission meeting at the end of the following month. The entire process typically takes 45 to 50 days to complete.
A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use the land in a manner not otherwise permitted by the zoning ordinance.The zoning examiner may then hold a hearing to determine if the variance should be granted.
Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. Normally, the requests go first to a zoning board. The zoning board notifies nearby and adjacent property owners. The zoning examiner may then hold a hearing to determine if the variance should be granted.
The standard of approval for a dimensional variance is practical difficulty, which the courts have defined to mean that strict compliance is unnecessarily burdensome and granting the variance would do substantial justice to the owner. The undue hardship standard for a use variance is much more difficult to meet
If you receive a notice that a neighbor or some property owner nearby to you proposes to build something that would require a zoning change or variance and you object to the purpose, you have the right to voice your opinion and try to prevent this change.