Consider the phenomena of jury nullification, for instance, where a group of people will sidestep its duty because it believes the underlying law or charges are flawed. But thats the key here, really. Can My Employer Ask if I Received a COVID Vaccine? Air District staff may present information pertinent to the case and may suggest certain limiting conditions. Be yourself when you get up to speak whether that means speaking extemporaneously or by reading a pre-prepared statement verbatim. Permits for businesses adjusting operations to aid in the public health response will continue to be expedited. 415.749.5073 Witnesses may be cross-examined by the opposing side and questioned by Hearing Board members. With spring and summer construction season around the corner, property owners planning for new construction or alterations should evaluate whether they will need to seek a variance from the restrictions of local ordinances in order to complete their projects as desired. Read more | en Espaol, Boiler Stipulated Order of Abatement Program. Establishing each of the above criteria at a zoning hearing presents unique challenges, and an applicant has the burden of demonstrating that all five requirements have been . TIP #1 Before filing variance Do you really need one? You should be fully aware of the rules or regulations that have been violated, what your excess emissions are, and how and when you plan to come into compliance. I dont mean briberyjust some good-natured quid pro quo. So with that said, I have 7 tips to offer for anyone who is going for a zoning variance: Present a (real) hardship. A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or . These proceedings can be stressful, especially because of the additional cost and delay to the project. Look, see & observe if similar variances have been granted, Understand what the legal test is for board relief, Write neatly and legibly/type your application, State specifically why you need the variance, what your hardship is and why the Ordinance, which caused your denial unfairly affects you, Attach all relevant documents to your application, Avoid, if possible, submitting new documentation to the Board during the Hearing, If you cannot submit complex documentation until the hearing itself, consider an postponement until the next scheduled meeting, The Board will probably inspect the site before the Hearing, Clean up the property/site before inspection, Talk to your neighbors about your variance/get their support, If you get neighbor support, have them make a brief, concise statement at the Hearing, If you expect opposition, examine the City Building file a day or two before the Hearing; any written opposition will be on file, Be prepared to deal with written objections at the Hearing, Consider modifying your variance request to meet objections, Keep in mind the Board may grant less of a variance request but not more, Stop and examine the agenda: If there are similar cases to yours, listen to how the Board responds to those cases. Copyright 2022, City of Novi. Typically, there is a stenographic record of the proceedings being made, and objectors should remember that the testimony and evidence they present at the hearing is every bit as important as the information presented by the applicant. You may even go so far as to thank the Commissioners for their service to you and the community. Establishing each of the above criteria at a zoning hearing presents unique challenges, and an applicant has the burden of demonstrating that all five requirements have been met. What to Expect at a Variance Hearing At a Zoning Variance Hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. In conclusion, theres really nothing earth-shattering in these tips. In general, it can be more difficult to obtain a use variance than a dimensional variance, as courts regard use variances as a complete deviation from the strictures of an ordinance. Be Prepared. Be Prepared. You want to be assertive, not aggressive; formidable, not adversarial. c : c - 26); })); SUBSCRIBE to email newsletters for Air District info, Copyright 2021 Bay Area Air Quality Management District, A Healthy Breathing Environment For Every Bay Area Resident, California Environmental Quality Act (CEQA), Clerk of the Boards, Executive & Administrative Resources. Listen to the Board; both their questions and discussion may be an attempt to steer you to a compromise. document.write("".replace(/[a-zA-Z]/g,function (c) { return String.fromCharCode((c <= "Z" ? Selected by the Pittsburgh Business Times as one of the region's Fastest Growing Companies in 2012, 2013, 2017, 2018, 2019, and 2020 and as one of Pittsburgh's Best Places to Work in 2012, 2013, 2015, 2016, and 2019. The zoning examiner may then hold a hearing to determine if the variance should be granted. If you feel it genuinely, it should come off as natural and authentic and you should be fine. document.write("pbzcyvnapr@onndzq.tbi".replace(/[a-zA-Z]/g,function (c) { return String.fromCharCode((c <= "Z" ? A hardship is absolutely not related to anything financial or personal. In fact, I would go further and imagine that of those waivers, most are granted based purely on whether or not any neighbors came out to the public hearing in opposition to the application. Before I get to the tips, I need to first say that what follows is meant for DIYers. For instance, it is not enough to merely demonstrate that the applicant is experiencing hardship in their attempts to use their property in a particular manner but that the zoning ordinance as currently written is preventing them from doing so. Create exhibits like plans and photos and the like and share them with neighbors (loop this tip in with #3 as necessary) Integrate the exhibits with your argument and bring them to the Hearing. Zoning petitioners, developers and all registered . Moreover, they may be familiar to the Board and may have an added influence in that regard one that you will not have. If you plan to represent yourself, be sure to prepare for the hearing. 90 : 122) >= (c = c.charCodeAt(0) + 13) ? the practical closing and elimination of a lawful business. The more pointed and aggravating the mock questions are, the better prepared you will be for any sticky questions in your actual hearing, so enlist a companion who will not hold back! According to sound theory, zoning variances should be granted only when a property owner would have a unique and unusual hardship, created by the physical characteristics of the land, if the ordinance is strictly and literally applied in their case. Present or future violation of Air District regulations. Normally, the requests go first to a zoning board. In other words, an argument of I need a variance because your ordinance is stopping me from doing what I want to do is likely to fall on deaf ears before a zoning hearing board. and provide something that Board members can sign on to without appearing to be in dereliction of their duty. A variance is a request to deviate from current zoning requirements. The standard of approval for a dimensional variance is practical difficulty, which the courts have defined to mean that strict compliance is unnecessarily burdensome and granting the variance would do substantial justice to the owner. The undue hardship standard for a use variance is much more difficult to meet . The Air District continues to take steps to ensure air quality and public health are protected while the Bay Area adjusts to the latest phases of the COVID pandemic. Review with the ZEO. Understand the overall process for a waiver and have a grasp on where everyone fits in to that process. There are a number of important considerations for any person or business seeking a zoning variance. Would you like more coaching on what a hardship is? Respect is also shown by being on time, by addressing the Board with a tone of deference, and generally by checking any bit of potentially bad behavior at the door. People are the problem because they have opinions and emotions and sometimes even carry preconceived judgments based on those opinions and emotions. SECURE Act 2.0: How It Could Affect Your Retirement Plans, LLG Attorneys Named to Best Lawyers and Best Lawyers: Ones to Watch. The entire process typically takes 45 to 50 days to complete. Let me elaborate. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. Respect is also shown by being on time, by addressing the Board with a tone of deference, and generally by checking any bit of potentially bad behavior at the door. While it's difficult to obtain an area or use variance, there are situations that may allow your application to be granted. In other words, people sometimes bring preconception and prejudice into their deliberations and behave counter to their charge. Get a deeper dive into hardship here. If however you really dont feel that way genuinely, and you are not a convincing actor, then simply say thank you with sincerityafter all, they did volunteer their personal time to hear your case. Obviously, this is quite literally the number one tip for winning a variance. Your status as an objector is of legal significance, and conveys standing to you and other objectors to appeal the decision of the zoning hearing board if you are dissatisfied with the outcome. Be Respectful. The variance device is intended to avoid an unfair and unjust application of the zoning ordinance in unique situations. James P. McGraw represents clients in land use, zoning, and related real estate development matters. Practice your argument. The Pennsylvania Municipal Planning Code (MPC) requires that an applicant for a variance be the legal or equitable owner of the property. This is not unusual in the case of zoning variances, where they are granted (sometimes) quite liberally. a good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or city council holds the public At a variance hearing, the Hearing Board will consider the following points: Marcy Hiratzka This means that the owner must file the application for the zoning variance and must appear at the public hearing to address the application. Submit Hearing Exhibits. Neighbors whose homes or businesses are in the immediate vicinity of the subject property will receive notice that a variance has been requested, and that a hearing has been scheduled before the zoning hearing board. An objector may want to consider enlisting the help of legal counsel in order to present cogent factual and legal arguments in hopes of preventing approval of a problematic variance request. If thats you, then these tips are for you. Be respectful. If your municipality provides an online GIS mapping service, include a printout of that information in your presentation. c : c - 26); })); 415.749.5073 It is important to keep in mind that objecting to a request for a variance means more than simply airing a complaint or concern. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. Form alliances upfront and do any "horse trading" before the hearing. c : c - 26); })); Compliance & Enforcement A good way to begin the process is to circulate a petition against the zoning variance request around the neighborhood, obtain signatures, addresses and telephone numbers, and send the signed document to the entity hearing the variance request to be placed in the administrative record before the local zoning board or Per tips #2 & #3 above, you want to strike an open, transparent and respectful tone with the ZEO at your very first introduction and carry that all the way through your application experience. That the closing or taking would be without a corresponding benefit in reducing air contaminants. If you receive such a notice, you should carefully review the proposed change in use, or the developmental variance requested. A favorable outcome will likely have grown, to some extent, out of the quality of your interaction with the people who constitute the Board. Whether you will monitor/quantify the emissions and report them to the District. If you have sought the help of technical experts to resolve your problem, they should accompany you to the hearing. Zoning Variances: What a Landowner Must Prove to Obtain a Variance, Pennsylvania Municipal Planning Code (MPC). Review your application and what you are wanting to do with the ZEObeforehand, if possible, to learn any glaring glitches or omissions or experience with similar applications of other variance seekers who came before you with the same nature of hardship or request. At a variance hearing, the Hearing Board will consider the following points: Present or future violation of Air District regulations. Do it before you wrap your presentation, so that your gratitude is expressed whether or not they act in your favor. You may even want to have a companion perform a devils advocate role in a mock hearing with you, just to help you get in the proper frame of mind for answering questions. There is a problem with your city or town Zoning Board of Appeals. Look around you If you see your neighbors, try to find out if they are opposed and if so, why? Be Respectful. If you are hard pressed to identify a real hardship, but you have a strong will and a dire need to alter your house a certain way despite the lack of a true hardship, and you are insistent on trying to win one, then my first advice is to be very thoughtful with your interpretation of that very narrowly defined term. Local professionals have often appeared numerous times before the Board and will have a keen grasp of the regulation. In any event, write down the key components of your argument and study them so that you are assured not to forget anything when you are before the Board and so you are comfortable and confident in your delivery. Rather, they must show that this unnecessary hardship has not been created by the applicant themselves, that it flows from some condition unique to the subject property, and that it does not result merely from the application of the provisions of the controlling ordinance. You should also bring copies of your current Permits to Operate with you. Try to avoid taking an all or nothing position. document.write("zuvengmxn@onndzq.tbi".replace(/[a-zA-Z]/g,function (c) { return String.fromCharCode((c <= "Z" ? When you appear before the Board to present your case, be authentically grateful and express that gratitude. How do you win a variance hearing? To be sure, a variance is not a free pass from regulations or a tool to subvert the zoning ordinances. These materials do not and are not intended to, constitute legal advice. Whether the reduction in air pollution resulting from a shutdown would justify closing the facility. Usually, the land owner seeking the variance files a request or written application for a variance and pays a fee. While this may seem obvious to some, the threshold issue of ownership of the subject property must first be satisfied. Fire up your strategy, perform reconnaissance work and organize a good pre-game, so to speak.

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