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Thread: Variance exercise

  1. #1

    Variance exercise

    I was given a variance from a driveway entering from the house lot frontage....(the driveway comes in from another road to avoid wetlands)...I was granted an extension of 6 months after it expired....now that 6 months has also expired....but I applied for and received a driveway permit before the 6 month extension expired......I also cleared some trees and roughed in a portion of the driveway.....my question is .....Did I exercise my variance?.....The law says you have to exercise your variance before it expires or you lose it....I can't find ANY case study on the subject....THANK YOU.....JOHN

  2. #2

    variance exercise

    Perhaps review the local regulations/ordinances or state law regarding vested property rights. For example, a variance may terminate within 60 days unless you have taken action or spent money to prepare to take action in reliance on the variance. Many of these "vested property rights" regulations state specifically that buying a building permit in reliance on the variance is a "vesting" event and may extend the right to build for a long period of time. Good luck!

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