I still remember the first time I heard the phrase “variance request” while helping a friend remodel her oddly shaped corner lot home. The contractor said, “You’ll need to apply for one if you want that deck to extend beyond the setback line.”
I nodded, pretending to know what he meant. Later that night, I found myself Googling what is a variance in real estate—and wow, it opened up a whole new world of how flexible (and complicated) property rules can be.
If you’ve ever wanted to add a garage, expand your home, or use your property in a slightly unconventional way, chances are you’ve brushed up against zoning laws.
And that’s exactly where variances step in—they’re the official “permission slips” that let you bend the rules when it’s reasonable to do so.
What Is a Variance in Real Estate, Really?
In simple terms, a variance in real estate is an official exception to a local zoning law. It’s not about changing the zoning code for everyone—just for your specific piece of land.
The local zoning board or planning commission grants it when following the law to the letter would cause an unnecessary hardship due to something unique about your property.
Think of it as the government saying, “Okay, we get it—your lot isn’t like the others, so we’ll make an exception.” Maybe your land is shaped like a slice of pizza, or maybe there’s a slope that makes normal construction impossible. Instead of penalizing you for something you can’t control, a variance allows you to move forward fairly.
The goal isn’t to hand out special favors—it’s to ensure fairness and flexibility in real estate development while maintaining the integrity of neighborhood zoning.
What Are the Two Main Types of Variances?
When I first learned about variances, I was surprised that there are actually two different types—each serving a unique purpose.
Area Variance
An area variance deals with physical or dimensional zoning requirements. This is the one most homeowners encounter.
For example, imagine you want to build a sunroom, but your house already sits close to the property line. An area variance could let you build that addition a few feet closer than usually allowed. Other common cases include exceeding building height limits or slightly reducing lot coverage rules.
It’s like bending the rules for how you use your property space—not what you use it for.
Use Variance
A use variance, on the other hand, changes how you can use your property. These are harder to get because they alter the fundamental purpose of the land.
Let’s say your property is in a residential zone, but you want to open a small photography studio in your basement. A use variance could allow that, provided you can prove it won’t disrupt the neighborhood’s character or cause safety issues.
Use variances are rarer and face more scrutiny, but they’re a lifeline for creative property owners with legitimate needs that fall outside the zoning code.
How Do You Obtain a Variance in Real Estate?
When I helped my friend with her variance application, we realized it’s not as intimidating as it sounds—it just requires patience and paperwork. Here’s how the process usually goes:
1. File an Application
You start by submitting a formal application to your local zoning board. This includes details like site plans, surveys, and architectural drawings. The more thorough your documents, the smoother things go.
2. Prove a Hardship
Here’s the key: you must show that following the current zoning rule would cause unnecessary hardship because of the land’s unique conditions. This could be an irregular lot shape or uneven topography. However, it can’t be based on financial inconvenience—zoning boards don’t approve variances just because something is expensive.
3. Attend a Public Hearing
Next comes the public hearing, where neighbors can share support or concerns. It might sound intimidating, but most hearings are straightforward and community-driven.
4. Board Review and Decision
The zoning board reviews all evidence, public input, and potential impact on the neighborhood. They’ll decide whether to approve, deny, or modify the request.
5. Follow Any Conditions
If approved, the board might attach conditions—like adding privacy fencing or limiting business hours—to ensure the variance doesn’t negatively affect others.
Here’s a quick visual summary:
| Step | What Happens | Key Tip |
| File Application | Submit forms, drawings, and surveys | Be detailed and accurate |
| Prove Hardship | Show why your land is unique | Focus on physical limitations, not money |
| Public Hearing | Community feedback | Stay calm and respectful |
| Board Decision | Approval or denial | Be ready for conditions |
| Compliance | Follow rules if approved | Keep documentation safe |
What Makes a Variance Request Successful?
When zoning boards review a variance, they look for three main things—and if you understand these early, you’ll have a better shot at approval.
- Hardship Must Be Genuine.
You’ll need to demonstrate that the zoning law creates an unnecessary hardship because of your property’s unique conditions—not your personal situation. A narrow or oddly shaped lot often qualifies; wanting a bigger backyard pool because it “looks better” usually doesn’t.
- Minimal Impact on the Neighborhood.
Boards want to ensure your variance won’t disrupt the area’s look or function. They’ll ask: “Will this change alter the neighborhood’s character?” If you can show it won’t, your case gets stronger.
- No Special Privilege.
Granting your variance shouldn’t give you an unfair advantage over your neighbors. The rule of thumb: if someone else in a similar situation could reasonably request the same variance, you’re on the right track.
Why Are Variances Important in Real Estate?
I’ve come to think of variances as the “flexibility clause” in real estate. They make zoning laws more adaptable and humane. Without them, countless unique properties would remain undeveloped or underused simply because they didn’t fit the mold.
They also ensure fairness. Imagine living on a triangular lot that makes standard building placement impossible—should you be punished for geography? Of course not. Variances allow creativity and fairness while protecting the community’s overall structure.
They also preserve neighborhood integrity, since every variance goes through public review. This process ensures property owners can innovate responsibly without turning residential areas into commercial chaos.
FAQs About What Is a Variance in Real Estate
1. Do I need a lawyer to apply for a variance?
Not necessarily. Many homeowners handle it themselves, especially for area variances. But if your request involves complex land use or potential objections, having a land-use attorney can help you present a stronger case.
2. How long does it take to get a variance?
It varies by city and state, but typically takes two to four months. Factors like local board schedules, hearing dates, and documentation completeness can affect the timeline.
3. What happens if my variance request is denied?
You can appeal the decision or modify your project to meet existing zoning requirements. Sometimes, addressing specific board concerns and reapplying leads to approval the second time around.
4. Can a variance be revoked later?
Yes, if you violate the conditions attached to your variance. Always follow the exact terms of approval, as non-compliance can lead to fines or reversal.
Breaking the Rules—The Right Way
So, the next time someone asks you “what is a variance in real estate?”, you can smile and say, “It’s how you legally bend the rules when your property just doesn’t fit the box.”
From my friend’s slanted backyard deck to a small bakery tucked into a quiet neighborhood, variances make real estate more human and more adaptable.
They’re proof that even in the world of zoning codes and property lines, there’s still room for creativity—and a little common sense.
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