When an applicant feels that the strict application of the requirements of the Zoning Regulations would create an undue hardship, he or she may request a variance from the Board of Zoning Appeals ("BZA"). The request for a variance should be based on a conflict between the restrictions on the development of the property due to the zoning regulations and the property's physical characteristics. A variance should be issued only to the specific restrictions on physical construction and not to the list of permissible land uses within a given zone.
Criteria for Granting Variance
A request for a variance may be granted in such case that:
- the variance request arises from such conditions which are unique to the property in question and which are not ordinarily found in the same zone or district; and such conditions are not created by an action or actions of the property owner or applicant;
- the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
- the strict application of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
- the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and
- granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
The pre-application meeting provides an opportunity for an applicant and City staff to exchange information and discuss issues that impact the design of the project.
For questions about the pre-application meeting or to schedule a meeting, contact Building and Codes Administrator Curt Baumann at 785-542-3124.
1. Hold pre-application meeting.
2. Obtain from the County Clerk and remit with the Variance Application a current list of all property owners within a pre-determined proximity to the applicant property.
3. Complete and submit the Variance Application and application fee.
4. Staff review.
5. Board of Zoning Appeals public hearing (following 20-day notice to surrounding property owners).