The zoning variance procedure can be frustrating. Understanding the historical purpose of the variance procedure and being able to discuss it in an academic way may help you in your quest to obtain one.
Historically, the zoning variance procedure was created to act as a release value between the police powers of the government to regulate its citizenry’s land and the citizenry’s right to be protect from the government’s taking of property without just compensation as granted under the United States Constitution. This idea is often forgotten. A brief reminder in the record and in your presentation may help you remind the Boards of Appeals and Boards of Adjustment that variances are not the apocalypse they are often thought to be.
Contact my office to discuss other ways to present your facts and evidence to be successful in obtaining a zoning variance.
This blog entry was prepared by Brian A. Schuk, partner, Wassel, Harvey & Schuk, LLP. It does not constitute legal advice, create an attorney-client relationship, or constitute legal authority.