My Next Door Neighbors Oppose My Zoning Variance. What Now?
August 2, 2007

Q: I need a zoning variance to build an addition to my house, because the addition will violate a side yard setback requirement. My next door neighbors oppose the variance. What now?

A: The specific requirements for a variance are set forth in your jurisdiction's Zoning Ordinance. Generally, applicants for a variance have a heavy burden: (a) they must prove that their property is unique; and (b) they must prove that strict compliance with the zoning regulations would result in practical difficulty or unreasonable hardship. It is very difficult to prove that a property is unique. Many variances are denied simply because the applicant could not prove the unique nature of the property. It can also be difficult to prove practical difficulty or unreasonable hardship. Hopefully, you have retained an experienced zoning attorney. Your attorney should negotiate with your neighbors and attempt to get them to withdraw their objection. Despite the heavy burden on applicants, variances are frequently granted if they are not opposed.

If you have questions, please contact:
John R. Wise, Esq.

(410) 752-2468