REQUIREMENTS FOR A VARIANCE
PLEASE READ ALL INFORMATION CONTAINED HEREIN THOROUGHLY BEFORE COMPLETING THE TOWN OF
An Area Variance is authorization by the Colfax Town Board to vary one or more of the dimensional or physical requirements of the Subdivision Ordinance in connection with a proposed construction. Any proposed site plans, land divisions, or variance requests must be referred to the Town of
ANY VARIANCE REQUEST CAN ONLY BE GRANTED IF ALL THREE STATUTORY REQUIREMENTS ARE MET:
1.) UNNECESSARY HARDSHIP:
- Compliance with the Ordinance would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome.
- A hardship exists only if the property owner shows there is no reasonable use of the property without a variance.
- The property as a whole is considered, rather than a portion of the parcel.
- Decks and other accessory structures are not considered essential to the reasonable use of a property.
- The hardship cannot be self-imposed.
- Owner has the duty to investigate alternatives to the request.
2.) UNIQUE PROPERTY LIMITATIONS:
- Must be due to factors such as steep slopes, wetlands or other site conditions that prevent compliance with the Ordinance.
- Lack of objections from neighbors, nearby ordinance violation, do not provide grounds for granting a variance.
- Personal circumstances, conveniences or preferences do not justify a variance.
3.) NO HARM TO PUBLIC INTERESTS:
- The purpose and/or intent statements of the Ordinance, outlines public interest factors.
- Interests may include, but not limited to: promoting and maintaining public health, safety, and welfare, protecting water quality, protecting fish and wildlife, protecting scenic beauty, minimizing property damage and drainage issues.
- The variance will not harm the purpose or intent of the ordinance
- The effect of a variance on the community interests must be considered, not public patrons or clientele.
- Short-term, long-term and cumulative impacts of a variance must be considered.
THE TOWN MAY REQUIRE ADDITIONAL INFORMATION NOT IDENTIFIED IN THE REQUEST FORM TO ENSURE CONSISTENCY WITH ANY APPLICABLE ORDINANCE, STATUTE, OR OTHER PROVISION OF LAW. ANY VARIANCE GRANTED WILL ONLY PERTAIN TO THE SPECIFIC VARIANCE REQUESTED AND BE INVALID IF NOT ACTED UPON WITHIN 1 YEAR OF THE DATE GRANTED.