What is a variance request letter and how do I write one?

Definition & Meaning of a Variance Request Letter

A variance request letter is a formal document submitted to a governing body, such as a zoning board or city council, to seek permission for a deviation from established regulations or standards. This letter typically outlines the specific request for variance, the reasons for the request, and any supporting evidence that justifies the need for the variance. Variances are often sought in situations where strict adherence to zoning laws or building codes would cause undue hardship or prevent the reasonable use of a property.

In the context of real estate, a variance request might be necessary for various reasons, including:

• Property Size: A homeowner may need a variance to build an addition that exceeds the maximum allowed size.
• Setback Requirements: A property owner might request a variance to construct a building closer to the property line than zoning laws permit.
• Land Use: Businesses may seek a variance to operate in a zone designated for residential use.

Key Elements of a Variance Request Letter

When writing a variance request letter, several key elements must be included to ensure clarity and completeness. These elements help convey the purpose of the request and provide necessary context for the reviewing authority.

• Applicant Information: Include your name, address, and contact information at the top of the letter.
• Description of Property: Provide details about the property in question, including its address and any relevant zoning designations.
• Request Details: Clearly state the specific variance being requested and the reasons for the request.
• Supporting Evidence: Include any documentation that supports your request, such as surveys, photographs, or expert opinions.
• Impact Statement: Discuss how granting the variance will not negatively impact the surrounding community or violate the intent of zoning laws.

Steps to Complete a Variance Request Letter

Writing a variance request letter involves several important steps to ensure it is effective and meets all necessary requirements.

1. Research Local Zoning Laws: Understand the specific regulations that apply to your property and the grounds on which a variance can be granted.
2. Gather Necessary Documentation: Collect any supporting documents that can strengthen your case, such as property surveys or letters from neighbors.
3. Draft the Letter: Begin writing your letter, ensuring you include all key elements and maintain a professional tone.
4. Review and Edit: Proofread the letter for clarity, grammar, and completeness. Ensure that all information is accurate and well-presented.
5. Submit the Letter: Send the letter to the appropriate governing body, following any specific submission guidelines they may have.

Examples of Using a Variance Request Letter

Understanding how to effectively use a variance request letter can be aided by examining real-world examples. Here are a few scenarios where variance requests might be applicable:

• Residential Addition: A homeowner wishes to build a garage that extends beyond the allowed setback. The variance request letter would outline the reasons for needing the additional space and how it would benefit the property.
• Business Operations: A small business owner wants to operate a café in a residential area. The letter would explain the community benefits and how the café aligns with local needs.
• Property Development: A developer plans to build a multi-family unit in an area zoned for single-family homes. The request would include details on the project's potential positive impact on housing availability.

Who Typically Uses a Variance Request Letter?

Various individuals and entities may find themselves needing to submit a variance request letter. Understanding who typically uses this document can provide insight into its importance.

• Homeowners: Individuals looking to modify their properties, such as adding structures or changing land use.
• Business Owners: Entrepreneurs seeking to establish or expand operations in areas where zoning restrictions apply.
• Developers: Companies involved in construction projects that require deviations from zoning regulations to maximize property use.

Legal Use of the Variance Request Letter

A variance request letter serves a critical legal function in the zoning and planning process. It is essential to understand the legal implications of submitting such a letter.

• Compliance with Local Laws: The letter must adhere to local zoning laws and regulations to be considered valid.
• Documentation of Request: It provides a formal record of the request, which can be referenced in future proceedings or discussions.
• Potential for Appeal: If a variance is denied, the letter can be part of the documentation for any appeals process.

Important Terms Related to Variance Requests

Familiarity with key terms associated with variance requests can enhance understanding and improve communication with local authorities.

• Hardship: A legal standard that must be met to justify a variance, indicating that strict adherence to zoning laws would cause significant difficulty.
• Zoning Board of Appeals: The governing body that reviews variance requests and makes decisions based on local regulations.
• Conditional Use Permit: A permit that allows a property to be used in a way not typically permitted under current zoning laws, often related but distinct from variances.

State-Specific Rules for Variance Requests

Each state in the U.S. may have unique rules and procedures governing variance requests. Understanding these differences is crucial for successful submissions.

• Application Process: Some states may require additional forms or documentation beyond the variance request letter.
• Public Hearings: Certain jurisdictions might mandate public hearings where community members can voice their opinions on the request.
• Approval Criteria: Different states may have varying criteria for granting a variance, emphasizing the importance of local research.