Zoning Variance M1 to R6?
Has anyone obtained a zoning variance for an M1 zoned property to become R6? Interested in converting a small M1 property to R6, understand the basic risks, however I am trying to find additional information regarding board approval and timelines. Thanks in advance for any information!
Has anyone obtained a zoning variance for an M1 zoned property to
become R6? Interested in converting a small M1 property to R6,
understand the basic risks, however I am trying to find additional
information regarding board approval and timelines. Thanks in advance for any information!
I came across this post on bankapedia.com
http://www.bankapedia.com/mortgage-encyclopedia/residential-mortgage-terms/477-zoning-variance
“A one time modification of an existing zoning law. A Zoning Variance is essentially a bending of the zoning laws in a city or town to accommodate the request of someone trying to renovate their home.
You’ll often hear about disputes involving zoning variances, either a renovation blocking someones view or changing the general feel of the neighborhood and potentially diminishing the real estate values of the area.”
not sure if that is going to be helpful or not
This Old House has an interesting article involving zoning variance:
http://www.thisoldhouse.com/toh/article/0,,259428-3,00.html
Not sure what the outcome of this was, or if you met the 5 criteria above, good post by the way senatorstreet, but I would be curious to find out
If it is just one building that you want to change from M1 to R6 in the middle of an M1 district, it will not be approved as a zoning change (that would be spot zoning, which is illegal). However a Zoning variance may be the way to go. A zoning change requires ULURP and Variance does not.
A variance is an application to the BSA and must go before the local Cummunity Board.
The variance must meet 5 criteria:
1: That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions, and that unnecessary hardship is due to such conditions, and not the
circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located.
2: That because of such physical circumstances or conditions, there is no possibility that
the property can be developed in strict conformity with the provisions of the zoning regulation and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
3: That the unnecessary hardship has not been created by the appellant.
4: That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently
impair the appropriate use of development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare.
5: That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan.
In other words, one of the main things that you must proove is that there could not be a “reasonable return” on this parcel of land as it is currently zoned and therefore requires it to be allowed to be used as residential.
It appears to me to be a difficult, tho not impossible, fight.
No we do not own the property. We know we have to do an environmental, but we are not sure what it entails and how much it costs. Is the environmental the first step in the ULURP process? Do we really need a ULURP when we are seeking a zoning variance for one building and not the entire block?
Do you already own the M1 property? Have you had an environmental?
You have to go through ULURP. You need a qualified zoning attorney, at least 9 months, and tens of thousands of dollars.