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A petition for variance is a formal request submitted to a governmental body, typically a zoning board or similar authority, asking for an exception or deviation from the existing rules or regulations. This is most commonly used in the context of zoning laws or building codes, where a property owner or developer requests relief from certain requirements that may be overly restrictive or difficult to meet in their particular case.

Here’s a breakdown of how it works:

1. Purpose: A variance is typically requested when a property owner or developer faces a unique hardship that makes it difficult or impossible to comply with a specific zoning law or building regulation. This could be due to the shape of the property, its size, location, or other factors that create an undue burden or hardship.
2. Common Situations: Some common reasons for requesting a variance might include:
   • Requesting to build closer to a property line than zoning laws would typically allow.
   • Requesting permission to exceed the height limit for a building.
   • Seeking permission for an exception to parking requirements or setbacks.
3. Types of Variances: There are generally two main types of variances:
   • Use Variance: Requests to use land for a purpose not allowed under the zoning laws.
   • Area Variance: Requests to deviate from dimensional requirements, such as setbacks, height limits, or lot size.
4. Procedure:
   • A petitioner must usually file a formal application for a variance with the relevant local authority, which might be a zoning board, planning commission, or another governing body.
   • The petition will often include a statement explaining why the variance is necessary, how the requested variance would not negatively impact the surrounding area, and why the request qualifies under the applicable legal standards.
   • The governing body will hold a public hearing where neighbors and other stakeholders may voice their support or concerns.
   • The board or authority will then decide whether to approve or deny the request based on legal criteria such as hardship, public interest, and zoning laws.
5. Approval Criteria: Variances are typically granted when the petitioner can demonstrate:
   • Unnecessary Hardship: The petitioner must show that they would face undue hardship or practical difficulties if forced to comply with the zoning law.
   • No Substantial Detriment: Granting the variance should not harm the public interest or cause significant harm to surrounding properties.

In summary, a petition for variance is a request for an exception to zoning or land use regulations, typically based on specific circumstances that create hardship for the property owner or developer. The request must meet certain criteria, and approval is not automatic—it is up to the relevant authority to decide based on the facts and the law.