The Town of Colfax, WI

Variance Requests

REQUIREMENTS FOR A VARIANCE

PLEASE READ ALL INFORMATION CONTAINED HEREIN THOROUGHLY BEFORE COMPLETING THE TOWN OF COLFAX VARIANCE REQUEST FORM. Please Click here for form.

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 Colfax Plan Commission for written report and recommendation prior to the Town Board making a decision to grant or deny any variances. It is the responsibility of the property owner to provide proof to the Board and Plan Commission as to the need for the variance, and show that all three statutory requirements are met. In the event that the property owner does not complete the attached application or provide proof that all three statutory requirements are met, the Plan Commission and the Town Board may not have sufficient evidence to rule in your favor and must deny your application. The applicant is not limited to the space on the form, and may attach additional pages.

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.