Variance

A variance is an application to deviate from some standard set out in the city's municipal code related to property.  Common variances include building closer to a property line than a setback allows or placing two structures on a lot that isn't large enough by code.  Variances do not permit encroachment on private or public property and variances cannot be granted to allow a use or activity that is otherwise not allowed in the zone.

Variances are reviewed very closely to ensure that they meet the threshold for approval.  At a minimum the variance must meet all seven of the following criteria:

  1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which make the variance necessary.
  2. That the strict application of the provisions of the land development code would result in practical difficulties or unnecessary hardship.
  3. That granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or welfare.
  4. That the granting of the variance is consistent with the objectives of the comprehensive plan.
  5. That the variance will not permit a land use in a zone in which that use is prohibited.
  6. That the special conditions that require the variance are not caused by the person seeking the variance.
  7. That the variance is not sought solely to relieve monetary hardship or inconvenience.

Some tips for completing your variance application:

  • Make sure that your application addresses ALL seven of the criteria shown above
  • Consider alternatives that do not require a variance
  • Talk to your neighbors about your proposal to see if there are objections or issues that can be resolved prior to the public hearing
  • Talk to the city planner about your proposed variance even before you submit your application

To apply for a variance complete the Variance Application.  Submit the application and the $30.00 application fee to the planning and zoning department at least 15 days before a scheduled planning commission meeting.  You can find the application HERE or you can click the link below.

If you have any questions about variances or the application process contact the Craig City Planner at 907-826-3275.

 

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