Variances - Legal & Architect Costs

[Ron A.]

Hi, a friend is interested in developing his property and he is trying to decide if applying for a variance is worth the cost.

The land includes 2 properties, about 25' x 75' each and is located in the West Side area.

The properties are located on a block zoned for R1- 1-2 Family.

Just one block over, the area is currently designated as R-3 Multi-Family Mid-Rise.

One architect offered a fixed rate $42,000 fee that includes all of the plans, updates, zoning paperwork, and testimony in court.

Another architect offered $10,000 for just the plans and any updates to the plans.

What criteria would you use for this decision? Legal costs vs income produced over 30 years?

Are there any precedents for more air rights in cases like these or is it just not worth the headache?

[Paul Ashworth]

@Account Closed - in the Tri-state NY,NJ,CT and outlying areas you absolutely need a lic engineer or architect for most ZBA and PB submissions. The type of submission and requirements will dictate what the professional is required to do. There are MAJOR differences between a bulk variance PB submission (simple side yard setback encroachment) and a full Site Plan approval where lots are being combined..... when the Town's checklist and engineer requires full drainage and stormwater design and calculations, tree identification (plans and on-site), full grading, etc, the fee can easily exceed $42,000.00.

As an example, Im scheduled for a ZBA then PB (yes both in the NE), for the demolition of a 4500 sq. ft. house on an R-1 property to be replaced by a similar sized residence. The Township required every tree with a diameter of 3" or more at 48" above grade to be identified by a NJ lic arborist, coordinated with the full engineering set, and then marked out on site as to its condition / health, or if it was to remain or be demo'd. That effort cost $7,200.  The stormwater management system design was another $8500. This is all due to the severity of the towns requirements. This is not typical as this jurisdiction is a royal pain.

@Ron A.  There simply is not enough information in the OP to determine what needs to be accomplished to answer which architect to move forward with. I strongly suggest speaking to the ZBA / PB and explain what you are trying to do and get a checklist of what they require along with all the escrow and Township fees (will be a few thousand) and compare it against the two architectural quotes that you have received.