Variance Zoning Board of Adjustment Information
Types of variances: use variance (requesting: a use that is not permitted in the zoning district; rarely granted), and dimensional variance (requesting: a deviation from the dimensional requirements: setbacks, height, lot size, parking, and lot coverage; more commonly granted). Hardship standard: the property owner must demonstrate: the property has unique physical characteristics (unusual shape, topography, or size that make compliance impossible or impractical), the hardship is not self-created (the owner did not create the condition that necessitates the variance), the variance is the minimum relief necessary (the deviation must be: no greater than necessary to alleviate the hardship), and the variance will not be detrimental to surrounding properties (the neighborhood will not be: adversely affected). The variance does NOT: change the zoning classification (the zoning remains the same; only the specific requirement is waived for the particular property).
Florida Legal Definition
Variances in Florida are governed by: local zoning codes and Florida case law. Under Florida case law: the property owner must demonstrate: an unnecessary hardship (not merely inconvenience or increased cost), the hardship is unique to the property (not shared by: all properties in the district), the variance is consistent with the comprehensive plan (the variance does not: undermine the plan's goals), and the variance is the minimum relief necessary. Under Florida practice: the zoning board of adjustment (or similarly named body) hears and decides variance applications (the decision is: quasi-judicial, requiring: due process). Under Florida case law: the denial of a variance must be: supported by competent substantial evidence (the board cannot deny based on: general neighborhood opposition without evidence of specific harm).
How It's Used in Practice
Attorneys manage variance applications for property owners. For applicants, the attorney: identifies the specific hardship (the unique physical condition of the property), prepares the application (with: site plans, photographs, surveys, and impact analyses), presents the case at the hearing (testimony from: the owner, the architect, the engineer, and other experts), demonstrates the hardship is unique and not self-created, and argues the variance will not harm surrounding properties. For opponents, the attorney: presents evidence of adverse impact (property values, traffic, noise, and character of the neighborhood), challenges the hardship (the hardship is: shared by other properties, self-created, or based on economics rather than physical characteristics), and argues the variance is: excessive (more than the minimum relief necessary). The attorney advises: the hardship must be: specific to the property, not general to the area; the most successful variance applications demonstrate: a physical characteristic that makes compliance: impossible or unreasonably burdensome.
Key Takeaways
- Variance: deviation from zoning dimensional requirements.
- Hardship: unique physical characteristics; not self-created.
- Minimum relief necessary; not detrimental to neighbors.
- Use variances rarely granted; dimensional variances more common.
- Quasi-judicial; due process required.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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