Queens New York Petition to Board of Zoning Appeals in Support of Application for a Variance

State:
Multi-State
County:
Queens
Control #:
US-01290BG
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Word; 
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Description

Zoning is a government-imposed restriction 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 of a petition appealing a decision of a zoning board of a municipality to a higher administrative agency. In this petition, petitioner is asking that he be allowed to use the premises in a way other than for a dwelling.

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FAQ

The zoning board of appeals, or the Board of Standards and Appeals in New York City, reviews requests for variances and special permits. They assess applications to ensure they align with zoning laws while considering community impact. When dealing with a Queens New York Petition to Board of Zoning Appeals in Support of Application for a Variance, understanding their decision-making process can help you prepare your case. This board plays a critical role in maintaining the balance between development needs and community interests.

In NYC you can apply to the Board Of Standards And Appeals (BSA) for a zoning variance. The typical protocol is that the applicant file with the Department Of Buildings (DOB) first. The DOB will issue an objection to the proposed zoning.

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.

Calculation. Open Space Ratio. OSR is calculated by dividing the total amount of commonly-owned open space on the residential parcel proposed for development by the total area of the entire parcel proposed for development.

A variance allows a property to be used in a manner forbidden by the zoning ordinance. If the purposes of a zoning ordinance are held in a bucket, and variances (leaks) are granted that compromise ordinance purposes, then over time the purposes of the ordinance are lost.

Essentially, a property owner requests a variance when their planned use of their property deviates from local zoning laws designed to protect property values. If granted, a variance acts as a waiver to some aspect of the zoning law or regulations.

Applications for a variance are considered by the City's Board of Standards & Appeals (BSA). Property owners seeking a variance must demonstrate that there are practical difficulties or unnecessary hardships they face in meeting the zoning regulations.

Zoning variance example If you are buying a piece of land in a residential neighborhood and desire to build a pizza parlor that you think will attract customers and make it a more enjoyable place to be, you may request a zoning variance from the local government.

What does variance of building mean? A variance is a change from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. A variance is often granted by a Board or Committee of adjustment.

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. 3) The applicant must prove that the hardship is not self-created.

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Queens New York Petition to Board of Zoning Appeals in Support of Application for a Variance