Legal Variance Application

LEGAL VARIANCE APPLICATION

Applicant Name:    Property Owner (if different):

Municipal Authority:    Application Date:

RECITALS

WHEREAS, Applicant is the owner or authorized agent with respect to the real property described as: ; Parcel/Tax ID: ; and

WHEREAS, the subject property is located within zoning district: , and Applicant requests relief from one or more provisions of the applicable land use or building regulations as described herein; and

WHEREAS, the municipal authority is authorized under applicable ordinances to grant variances where strict application of the ordinance would result in practical difficulty or unnecessary hardship and where the relief granted will not be contrary to the public interest;

NOW, THEREFORE

Applicant hereby submits this application and certifies that the statements and information submitted are true and complete. Applicant requests that the municipal authority consider and, if appropriate, grant the variance described in Section 2 below subject to the terms and conditions contained in this application and any conditions the authority imposes.

1. DEFINITIONS

For purposes of this Application: "Applicant" means the person or entity identified in Applicant Name; "Variance" means the grant of relief from a numerical or dimensional requirement or other provision of the applicable ordinance; "Authority" means the municipal department identified above and any board or hearing body charged with adjudicating variance requests.

2. VARIANCE REQUEST

Use Variance    Area/Setback    Height    Parking    Other

3. STATEMENT OF HARDSHIP / SPECIAL CIRCUMSTANCES

4. PROPOSED ALTERNATIVE / MITIGATION

5. SUPPORTING MATERIALS

Applicant certifies that the following documents are submitted with this application (check and describe):

Site plan / survey    Building elevations    Photographs

6. FEES AND PAYMENT

Fees are non-refundable. Payment of the fee does not guarantee approval. Applicant acknowledges that additional fees for notice, publication, or professional review may be charged and are the responsibility of the Applicant.

7. HEARING / APPEARANCE

Applicant or Applicant's agent may appear at the public hearing and present testimony, witnesses, and evidence in support of the application. The Authority may continue the hearing for additional information.

8. REPRESENTATIONS AND CERTIFICATIONS

Applicant represents and certifies under penalty of perjury that: (a) Applicant is the owner or authorized agent for the owner; (b) all information provided in this application and accompanying materials is true and complete to the best of Applicant's knowledge; (c) Applicant consents to inspections of the property by authorized municipal representatives for the purpose of evaluating this application; and (d) Applicant will comply with any conditions imposed by the Authority as a condition of approval.

9. COMPLIANCE, CONDITIONS, AND EXPIRATION

Any variance granted may be subject to conditions reasonably necessary to protect public health, safety, and welfare. Unless otherwise specified in writing, an approved variance shall expire if the authorized work is not commenced within the time specified by the Authority or within a period established by ordinance.

10. INDEMNIFICATION

Applicant agrees to indemnify, defend, and hold harmless the Authority and its officers, employees, and agents from and against any claims, damages, losses, or liabilities arising out of Applicant's failure to comply with the terms of this application or any approved conditions, except to the extent caused by the gross negligence or willful misconduct of the Authority.

11. NOTICES

All notices required pursuant to this application shall be in writing and delivered to the addresses above by personal delivery, certified mail, or other method providing proof of delivery.

12. MISCELLANEOUS PROVISIONS

Governing Law: This application and any approval or decision rendered in connection with it shall be governed by and construed in accordance with the laws of the state where the property is located.

Entire Agreement: This application, together with any written conditions of approval, constitutes the entire understanding between the parties with respect to the variance request and supersedes all prior negotiations and understandings.

Severability: If any provision of this application is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

AGENT / CONTACT FOR APPLICATION

CERTIFICATION

By signing below, Applicant certifies under penalty of perjury that the foregoing statements and attachments are true and correct, that Applicant is authorized to make this application, and that Applicant understands that any approval may be conditioned and subject to compliance monitoring. Applicant authorizes municipal representatives to enter the property for inspection in connection with this application.

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