Community Development Department OVERVIEW OF VARIANCES

Community Development Department WHAT IS A VARIANCE? A legal action that grants a deviation or variation from specific standards contained in the Unified Land Development Code when it can be shown by the property owner that five specific standards have been met. Why 5? – New York City Tenement House Law required buildings provide air shaft and two toilets on each floor; -1900s – California (San Francisco – prohibited slaughterhouses from certain areas of the City; Los Angeles – Passed land use zoning ordinance) and New York City (adopts first zoning code in America)

Community Development Department WHAT IS A VARIANCE? CASE:DECISION: 1909 – Welch v. Swasey 214 U.S. 91 (1909) 1912 – Eubank v. City of Richmond 226 U.S. 137 (1912) Communities allowed to regulate development of private property through limitations on building heights and allowed to vary heights by zone. Setback legislation declared constitutional 1915 – Hadacheck v. Sebastian 239 U.S. 394, 408 (1915) Restriction of future profitable uses was not a taking of property without just compensation LITIGATION ENSUED!

Community Development Department WHAT IS A VARIANCE? 1920s – American Bar Association produced the Model Zoning Code; subsequent modifications allowed for the variance process. Intent was to provide relief from strict (measurable) standards on case by case basis. Litigation ensued! Standards promulgated through litigation

Community Development Department WHAT IS A VARIANCE? Granting of the variance will not be detrimental to the Unified Land Development Code – How do we know? 1.Condition(s) of the property are peculiar or different from other properties in the same district; 2.Conditions are not the result of actions by the applicant; 3.Application of the standard would force an undue hardship on a single property that other properties in the zoning district would not have to endure; 4.The variance is the minimum relief; 5. Variance will not be detrimental to City, surrounding area, or other property owners within the District.

Community Development Department A variance does not allow: 1.Inconsistency with the Comprehensive Plan 2.A use otherwise prohibited in the Zoning District 3.Development intensity or density not allowed in the Zoning District 4.A Special Exception 5.Deviation from other Department or Agency Standards 6.Non-conformity because adjacent properties are 7.Violation of specific prohibitions or procedural requirements 8.Consideration based purely on economic reasons

Community Development Department RECAP Variances allow deviation to adopted zoning code when five standards can be met. Five standards evolved from litigation. Not granted to circumvent other laws Variances continue to affect public policy – Jennings v. Dade County (1991) based upon County handling of variance – ex parte communications.