Property · Variances
Clear answer to: When Can Variances in Property? with key cases, examples, and exam tips for law students.
Variances in property can be granted when an applicant demonstrates unnecessary hardship due to strict application of zoning laws, and the requested variance will not be contrary to the public interest.
A variance is an exception to zoning regulations that allows a property owner to use their land in a way not otherwise permitted. Generally, to obtain a variance, the applicant must demonstrate that the strict enforcement of zoning codes would cause unnecessary hardship. This hardship usually arises from a unique physical characteristic of the land that is not self-imposed. Additionally, the applicant must show that the variance will not negatively impact the surrounding area or contradict the essential character of the neighborhood.
Courts evaluate variances through a multi-factored approach, which often includes the 'use variance' and 'area variance' distinctions. Use variances allow changes in land use, whereas area variances, which are more common, pertain to dimensional or locational setbacks. For example, if a property owner wishes to build a structure that exceeds height restrictions due to a steep slope of the land, they may request an area variance.
Factors considered include whether compliance would create difficulty or grave hardship, the degree of deviation from the zoning requirements, and the consistency of the variance with the spirit of the zoning ordinance. The applicant must also provide evidence that the variance is the minimum necessary to alleviate the hardship. In many jurisdictions, public input is solicited through hearings, and the zoning board’s decision must typically reflect a balance between individual property rights and community welfare.
Key cases help illustrate these principles, such as *Village of Euclid v. Ambler Realty Co.* (1926), which established the constitutionality of zoning laws, and *Dougherty v. City of Malibu* (2005), which demonstrated the necessity for specific findings before granting a variance. Ultimately, the criteria a zoning board applies can vary substantially by locality but often adhere to these fundamental principles.
For instance, a homeowner's backyard is irregularly shaped, and the local zoning code requires a 20-foot setback from the property line. The homeowner wishes to build a shed only 10 feet from the line because of the unique shape of their yard. To obtain a variance, they must demonstrate that following the setback would impose unnecessary hardship due to the yard's unique characteristics, and assure that the shed will not adversely affect neighboring properties.
Exam questions about variances often require students to analyze hypothetical scenarios involving property owners facing strict zoning laws and to apply relevant case law to determine if a variance should be granted.