Can A Party Variances in Property?

Yes, a party can seek a variance in property use or development. A variance allows an exception to zoning laws if specific criteria are met.

In property law, variances are legal exceptions that allow a property owner to deviate from the zoning regulations that apply to their property. They are typically necessary when strict adherence to the zoning ordinance would create unnecessary hardship. To obtain a variance, the requesting party must usually demonstrate that the variance would not adversely affect the public welfare and that the hardship is unique to their property rather than self-imposed. This often requires a detailed application process and a public hearing.

The variance process is governed by local zoning laws, which vary significantly by jurisdiction. Commonly, municipalities will evaluate applications based on factors such as the consistency of the variance with the neighborhood, the suitability of the property for the permitted use, and whether the variance would be in the public interest. The decision to grant a variance is typically made by a zoning board of appeals or a similar entity, which weighs the evidence presented during public hearings.

Judicial review of variances can also occur, wherein courts will look at whether the zoning board acted within its authority and followed due process. If the request is denied, the applicant may appeal the decision, but the burden is generally on the applicant to prove that the board acted arbitrarily or capriciously.

Key principles to consider are the distinction between

• 1Euclid v. Ambler Realty Co. (1926) - established the validity of zoning laws.
• 2Sweeney v. City of New York (2005) - examined the denial of a variance and the criteria for unnecessary hardship.
• 3Berman v. Parker (1954) - upheld the government's ability to take property for public good, reinforcing the need for variances in redevelopment.
• 4Katz v. Town of Latham (1983) - clarified the factors affecting variance claims and local board discretion.

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• differences-between-zoning-and-variances
• what-constitutes-unnecessary-hardship