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Zoning Effect of variances

Maister

Chairman of the bored
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Straightforward question. It's always said that 'variances go with the land'. If one gets a variance to construct a particular structure on a particular property, would you say that another variance would be required if an owner wants to intentionally remove that structure and replace it with an identical structure in the same location?
 
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DVD

Cyburbian
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We're good with them like for like. If you have a variance for a carport you can rebuild or redesign the carport up to the variance terms. If you want a garage the answer is no because we gave a variance for an open structure - your code may vary. We also don't allow extensions of the building. Say you got a side yard variance for 20' of house to encroach. We're not going to let you expand that 20' of house.
 

Gedunker

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Our development standards variances are physical improvements, so they run with the land. Our use variances are most often tied to the tenancy/ownership of the property by the applicant. If he/she goes, so goes the variance. I know this makes some planners squeamish, but we've never had a problem about it.

Turns, knocks wood. ;)
 

mendelman

Unfrozen Caveman Planner
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No, I think if it's on the same footprint, then legally the variance stands

On a policy note, it would be encouraging blight if they couldn't replace it, imho
I with this and it's my SOP on this matter. It makes everyone's lives easier.
 
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