Town of Eagle

Variance

Description: Recognizing that there may be situations where a zoning regulation that if enforced would cause unnecessary hardship to individual landowners, the state legislature established a mechanism to allow a town to issue a variance in those instances where a minor deviation would be appropriate to alleviate such hardship without circumventing or undermining the intent of the town’s zoning regulations.

Decision maker(s): Zoning Board of Appeals

Basis of decision:When making its decision, the Zoning Board of Appeals shall consider each of the following standards:

The requirement in question would unreasonably prevent the property owner from using the property for a permitted purpose or would render conformity with such requirement unnecessarily burdensome and such circumstances were not self-created.
The subject property has unique physical characteristics or limitations that prevent the property from being developed in compliance with the requirement in question.
The granting of the variance will not be contrary to or harm the public interest given the general purposes of the zoning regulations and the specific purposes of the requirement in question.

The Zoning Board of Appeals shall grant a variance only if the board can make an affirmative finding for all of the criteria listed in this section.

Review process:

Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Town Board.
Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for the public hearing with the Zoning Board of Appeals allowing for proper public notice or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for class 2 public notice, property owner notification, and meeting agenda notice.
Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy to each member of the Zoning Board of Appeals and the applicant. The zoning administrator shall also provide a copy to interested people upon request.
Public hearing. Allowing for proper notice, the Zoning Board of Appeals shall hold a public hearing consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant or the board may request a continuance consistent with division 3 of article 5.
Decision. After the public hearing has been closed, the Zoning Board of Appeals after considering the comments and the staff report shall make a decision based on the decision criteria contained in this division to (i) approve the variance, (ii) approve the variance with conditions, or (iii) deny the variance. The Zoning Board of Appeals may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing.
Preparation of decision notice. Based on the action of the Zoning Board of Appeals, the zoning administrator shall prepare a decision notice consistent with this division.
Applicant notification. Within a reasonable time following the Zoning Board of Appeals’ decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
Acceptance by property owner required. If the Zoning Board of Appeals grants the variance with one or more condition of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the Town Board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.
Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
Additional procedural steps. If the Zoning Board of Appeals grants the variance, the applicant shall then follow other review procedures as may be required.

Application fee: $300 plus $600 escrow

Submittal deadline: Please contact staff for meeting/submittal schedule.

Application Materials

Variance

Submit Application

Frequently Asked Questions

+ - If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

+ - The Zoning Board of Appeals just granted a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

Not necessarily. The Zoning Board of Appeals must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

+ - Can I contact one or more of the members serving on the Zoning Board of Appeals to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Zoning Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

+ - If a dimensional variance is granted to allow the construction of a building, is such building then considered a nonconforming structure?

Yes. All rules and regulations that apply to nonconforming structures will apply.

+ - What happens to a variance when the property is sold?

Variances run with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged.

+ - The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

Zoning Code | Permit Center | Variance