Look at the 5th criteria very carefully. If the request does not meet that criteria then the application should be turned down. There are 2 parts to criteria 5. If the variance request does not meet the first, it must meet both a and b of the second.
Variance Criteria 5
Literal enforcement of the zoning ordinance
would result in an unnecessary hardship.
“UNNECESSARY HARDSHIP” MEANS THAT, OWING TO SPECIAL
CONDITIONS OF THE PROPERTY THAT DISTINGUISH IT FROM
OTHER PROPERTIES IN THE AREA:
(i) NO FAIR AND SUBSTANTIAL RELATIONSHIP BETWEEN THE
GENERAL PUBLIC PURPOSES OF THE ORDINANCE
PROVISION AND THE SPECIFIC APPLICATION OF THAT
PROVISION TO THE PROPERTY;
(ii) THE PROPOSED USED IS A REASONABLE ONE.
OR If #1 not satisfied:
2. AN UNNECESSARY HARDSHIP WILL BE DEEMED TO EXIST IF,
AND ONLY IF, OWING TO SPECIAL CONDITIONS OF THE
PROPERTY THAT DISTINGUISH IT FROM OTHER PROPERTIES IN
THE AREA, THE PROPERTY CANNOT BE REASONABLY USED IN
STRICT CONFORMANCE WITH THE ORDINANCE AND A VARIANCE
IS THEREFORE NECESSARY TO ENABLE A REASONABLE USE OF IT.
Also look at your town's Master Plan. It is (supposed to be ) updated every X number of years. It is kind of a textbook for what the town and its residents want the town to be like and Zoning regs are supposed to represent and help the town follow the master plan. That's a bit of a crap explanation, but it is worth reading. It should be on your town's website and if not it will be available in the town office.
One point to keep in mind. The variance goes with the property, not the person, so don't base your support for a variance on how nice or honest the people requesting the variance are. They may be wonderful, but the next owners may not be. This is why a general yes for a variance request is shortsighted. There should be conditions which refer to the specific variance and the plans submitted should be stamped and signed by both the applicant AND the zba. That signed plan should be kept with the other originals including minutes, decisions, and all submittal.
Good luck. Sorry about the book. Some ZBAs are better than others.
If the decision goes against your side and you have standing (abutter) you have 30 days to appeal so be sure you pay attention to the decision.
joecky9092 t1_j7dd3v8 wrote
Reply to What should I expect at a zoning variance meeting? by SnareWire
Look at the 5th criteria very carefully. If the request does not meet that criteria then the application should be turned down. There are 2 parts to criteria 5. If the variance request does not meet the first, it must meet both a and b of the second.
Variance Criteria 5 Literal enforcement of the zoning ordinance would result in an unnecessary hardship.
OR If #1 not satisfied: 2. AN UNNECESSARY HARDSHIP WILL BE DEEMED TO EXIST IF, AND ONLY IF, OWING TO SPECIAL CONDITIONS OF THE PROPERTY THAT DISTINGUISH IT FROM OTHER PROPERTIES IN THE AREA, THE PROPERTY CANNOT BE REASONABLY USED IN STRICT CONFORMANCE WITH THE ORDINANCE AND A VARIANCE IS THEREFORE NECESSARY TO ENABLE A REASONABLE USE OF IT.
Also look at your town's Master Plan. It is (supposed to be ) updated every X number of years. It is kind of a textbook for what the town and its residents want the town to be like and Zoning regs are supposed to represent and help the town follow the master plan. That's a bit of a crap explanation, but it is worth reading. It should be on your town's website and if not it will be available in the town office.
One point to keep in mind. The variance goes with the property, not the person, so don't base your support for a variance on how nice or honest the people requesting the variance are. They may be wonderful, but the next owners may not be. This is why a general yes for a variance request is shortsighted. There should be conditions which refer to the specific variance and the plans submitted should be stamped and signed by both the applicant AND the zba. That signed plan should be kept with the other originals including minutes, decisions, and all submittal.
Good luck. Sorry about the book. Some ZBAs are better than others. If the decision goes against your side and you have standing (abutter) you have 30 days to appeal so be sure you pay attention to the decision.