Why Should I Consider a Real Estate Survey?March 11, 2020
Is a Real Estate Survey Worth the Cost? We cannot…
In a previous post we discussed rezoning and the rezoning process. There are times a particular issue with the relevant zoning ordinance cannot be resolved by rezoning the property in question from one use to another. Instead, if the landowner needs an exception from the zoning ordinance, a variance is the appropriate solution. A variance is the relief, or a variation of, the application of the relevant zoning ordinance to a parcel of real property.
To answer this question, let’s suppose a landowner owned a parcel of real property that was 150 feet in depth from the road in front to the back of the property. Assume that a railroad easement overlaps the rear 100 feet of that property (and forbids construction of a structure in that easement) and the local municipality’s zoning ordinance requires a 50 foot setback from the road to any structure. The easement and setback essentially preclude the landowner from building a structure on that property. A rezoning of the property would accomplish nothing. The only avenue for relief is for the landowner to request a variance from the 50 foot setback requirement. A variance in this scenario would let the landowner build a structure on the property even though the strict language of the zoning laws would forbid it.
A person seeking a variance must apply with their local municipality. N.C.G.S. Section 160A-388(d) requires an applicant to show the following:
A hearing will thereafter be held before the local municipality’s board of adjustment, who will determine whether to grant the variance.
Seeking a variance is a difficult matter to face if you’re a landowner. At Helms Bennett, P.A. we have several real property attorneys well-versed in all aspects of zoning and land use problems, including how to seek and secure a variance. Call us at 704.289.4577 and we will be happy to help!
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