Town of Eagle

Variance

Description: Development projects in the Town need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.

Variances are reviewed on a case-by-case basis by the Board of Appeals. In determining whether to approve or deny the petitioner’s application, the Board of Appeals must consider prior court precedent, state statutes, and the Town's zoning regulations.

The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the variance being requested is unique to the subject property, the current or a prior property owner did not create the situation giving rise to the request (i.e., not self-created), the variance, if granted, will not be contrary to the public interest.

Decision maker(s): Zoning Board of Appeals

Basis of decision:When making its decision, the Zoning Board of Appeals needs to consider:

Whether 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.
Whether the subject property has unique physical characteristics or limitations that prevent the property from being developed in compliance with the requirement in question.
Whether 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.

Application Fee

$300 plus $600 escrow

Submittal Deadline

Please contact staff for meeting/submittal schedule.

Application Materials

Variance

Statistics

Submit Application

Are you Ready?

Do you have a PDF of your completed application form and other required materials?

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If no, the application form is posted on this page.

Frequently Asked Questions

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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.

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What is a variance?

By definition, a variance is a grant of relief issued by the Board of Appeals that allows the property to be developed in a way that does not conform to one or more development standards or other requirement of the zoning code. The board must consider various criteria and determine that the variance application as submitted meets predefined factors.

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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.

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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.

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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.

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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.

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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.

Primary Staff Contact

Rebekah Leto, Town Planner

262-548-7813

[email protected]

About Reviewers

The following are involved in the review of this type of application.

The Zoning Board of Appeals includes 5 members and 2 alternates who are appointed by the Town Chair. The board reviews variance applications and administrative appeals.

Planning staff provides technical support to the Town Board, Plan Commission, Zoning Board of Appeals, developers, neighbors, and other interested parties to facilitate the development review process.

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Everyone involved in reviewing development projects help ensure they align with Town regulations and long-term planning goals to foster positive growth and development.

Zoning Code | Permit Center | Variance