First Land Use Hearing, How to convince city to Approve Variance?
Rental Property Investor · Baltimore, MD · Member since 2017 · 15 posts · 9 votes
I purchased a vacant property and planned to develop a certain number of units that requires a variance. However, the language in the Baltimore City Zoning Code says the following:
In order to grant a variance, the case must be made that "because of particular physical surroundings, shape, or topographical conditions [...] an unnecessary hardship or practical difficulty, as opposed to a mere inconvenience, would result".
It goes on to say that the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property.
The basement unit I have designed is very important to the financial success of the project but I'm having trouble explaining why it will also result in an unnecessary hardship or practical difficulty other than economic reasons.
Any suggestions?
I purchased a vacant property and planned to develop a certain number of units that requires a variance. However, the language in the Baltimore City Zoning Code says the following:
In order to grant a variance, the case must be made that "because of particular physical surroundings, shape, or topographical conditions [...] an unnecessary hardship or practical difficulty, as opposed to a mere inconvenience, would result".
It goes on to say that the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property.
The basement unit I have designed is very important to the financial success of the project but I'm having trouble explaining why it will also result in an unnecessary hardship or practical difficulty other than economic reasons.
Any suggestions?
First thing is you never want to close on a development parcel until you get all of the approvals and permits to build what you want.
That being said the best thing to do is call the city and ask them what the attitude is towards development in that area and what your chances of approval or denial look like.
Impact on the income and profitability is not a hardship or valid argument as they will point out that you knew or should have known the limitations and restrictions regarding the zoning prior to purchasing the property.
Thanks Greg. Though I've learned that valuable lesson, I'm curious what creative approach may exist, used by other land use professionals to demonstrate unnecessary hardship or practical difficulty, which will make it possible to approve the extra basement unit.
Originally posted by @Greg Dickerson:
I purchased a vacant property and planned to develop a certain number of units that requires a variance. However, the language in the Baltimore City Zoning Code says the following:
In order to grant a variance, the case must be made that "because of particular physical surroundings, shape, or topographical conditions [...] an unnecessary hardship or practical difficulty, as opposed to a mere inconvenience, would result".
It goes on to say that the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property.
The basement unit I have designed is very important to the financial success of the project but I'm having trouble explaining why it will also result in an unnecessary hardship or practical difficulty other than economic reasons.
Any suggestions?
First thing is you never want to close on a development parcel until you get all of the approvals and permits to build what you want.
That being said the best thing to do is call the city and ask them what the attitude is towards development in that area and what your chances of approval or denial look like.
Impact on the income and profitability is not a hardship or valid argument as they will point out that you knew or should have known the limitations and restrictions regarding the zoning prior to purchasing the property.
Thanks Greg. Though I've learned that valuable lesson, I'm curious what creative approach may exist, used by other land use professionals to demonstrate unnecessary hardship or practical difficulty, which will make it possible to approve the extra basement unit.
Originally posted by @Greg Dickerson:
I purchased a vacant property and planned to develop a certain number of units that requires a variance. However, the language in the Baltimore City Zoning Code says the following:
In order to grant a variance, the case must be made that "because of particular physical surroundings, shape, or topographical conditions [...] an unnecessary hardship or practical difficulty, as opposed to a mere inconvenience, would result".
It goes on to say that the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property.
The basement unit I have designed is very important to the financial success of the project but I'm having trouble explaining why it will also result in an unnecessary hardship or practical difficulty other than economic reasons.
Any suggestions?
First thing is you never want to close on a development parcel until you get all of the approvals and permits to build what you want.
That being said the best thing to do is call the city and ask them what the attitude is towards development in that area and what your chances of approval or denial look like.
Impact on the income and profitability is not a hardship or valid argument as they will point out that you knew or should have known the limitations and restrictions regarding the zoning prior to purchasing the property.
There really isn't anything creative you can do unless you have a major development project and can offer significant concessions. It all hinges on the attitudes toward development in the city and the people making the decision. Depending on the value and potential impact on income you could seek the advice of a land use attorney familiar with the jurisdiction but if the city is notoriously hardline on these issues there's nothing you can do.
In OR, you do NOT want to depend on a variance. It'll take forever and you need to get a whole ton of approvals from unrelated parties.
Next time, just move on or make it work within zoning.