To be a good agent and representative for arguing a variance in front of a zoning board of appeals, it is essential to understand the specific criteria for a variance in your local zoning ordinance and to present a compelling case in public hearings. You don’t need to hire an expensive variance attorney for this process. As an agent working with building codes and zoning laws regularly, I have valuable experience that variance lawyers often do not possess. I have a winning record for successful variance applications for my clients. The following are two decisions granted in Southampton and Riverhead.
Case #DO24084, 19 Oceanview Road, Hampton Bays, NY, Decision Granted August 15, 2024
https://southamptonny.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=5955&Inline=True
Case #2020-004, 41 Industrial Boulevard, Riverhead NY, Decision Granted March 12, 2020
https://www.townofriverheadny.gov/files/documents/ZoningBoardMinutes02-27-20092837052920AM1393.pdf
Here are some key points to consider regarding variance application success
- Understand the Criteria: Familiarize yourself with the standards for a variance as outlined in your local zoning ordinance. These standards typically include demonstrating exceptional difficulty or unusual hardship due to unique conditions of the property, not self-created hardship, and ensuring that the variance will not harm public safety or the character of the neighborhood.
- Prepare Thoroughly: Write down the key components of your argument and practice delivering it confidently without appearing aggressive or entitled. Be ready to answer questions from the board and consider having a mock hearing to anticipate potential challenges.
- Gather Evidence: Collect all necessary documentation, such as surveys, permits, and any relevant legal documents. Prepare visual aids like plans, photographs, and annotated maps to illustrate your point effectively.
- Engage Neighbors: Form alliances with supportive neighbors who can testify in favor of your application. Their support can strengthen your case and provide additional perspectives.
- Address Public Health and Safety: Ensure that your argument addresses public health and safety concerns. Highlight how your proposed variance aligns with the ordinance’s purpose while mitigating any potential risks.
- Professional Assistance: Consider hiring professionals such as architects, engineers, or attorneys who can provide expert testimony and enhance the credibility of your application.
- Stay Neutral and Objective: Present your case in a neutral and objective manner, avoiding emotional appeals. Focus on the facts and how they align with the criteria for granting a variance.
By adhering to these guidelines, you can effectively argue for a variance and increase the likelihood of a favorable outcome from the town board.
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