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Can I get a variance alone or do I need an attorney?
Some requests for a variance – such as the same request that everyone else nearby has already obtained -- are a simple matter that you can handle alone. However, if the variance is important to you, or time is important, and you do not want to risk getting turned down, or the matter is sort of unique, you may need the assistance of an attorney familiar with local zoning laws and practices. In fact it may also be necessary to obtain an architect or other expert to assist the attorney.
Whether you are successful depends heavily on a number of factors, among them any supporting data (e.g., drawings, color slides, building plans, testimony, appraisals), the makeup of the zoning board, public comment, and the impact of your proposed change on the community and their quality of life. The approval or denial of variances is largely discretionary. It goes without saying that certain amount of politics could be involved in getting an application approved, and that schmoozing with your neighbors would not hurt your cause. Variance requests for new activities in a strictly residential zone (i.e., opening a roadside juice bar) would not be readily granted as opposed to requests that seek only minor deviations from the zoning requirements (i.e., changing the setback requirements for fencing). |
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