Explanation of Variance

You would like to build an addition to your house.  You go to City Hall to get the necessary permits and the Zoning Enforcement Officer tells you your addition would be too close to your property line.   Before you can get a permit, you will need a variance from the ZBA.

OK- so what’s a variance? And what’s ZBA?

A variance is a request to vary the Zoning Regulations.   In other words, a variance lets you do something with your property that the Zoning Regulations do not allow.

“ZBA” is the Zoning Board of Appeals.   It has five regular members and three alternate members.   ZBA members are volunteers appointed by the Mayor.

Variances are granted on the basis of “exceptional difficulty or unusual hardship”.

Exceptional Difficulty?  Unusual Hardship? – What’s that mean?

Exceptional difficulty or unusual hardship are terms used in the Connecticut General Statutes to describe the conditions that must be met before the ZBA can grant a variance.   You must convince the ZBA that there are special conditions or circumstances affecting your lot but not affecting the rest of the lots in the zoning district.   These conditions or circumstances must be related solely either to the property’s unusual shape or topography or to the condition or location of an existing structure.

The exceptional difficulty or unusual hardship cannot be because of something you did – e.g. putting up a building without a permit.

You must convince the ZBA that without the variance you would have no “reasonable” use for the property.   Remember “reasonable use” is not simply the use that would bring you the greatest financial returns.   It is also not simply the alternative that is the cheapest, most convenient or most desirable for you to take.

You must also convince the ZBA that what you want to do will not hurt the surrounding properties.   As a condition of granting the variance, the ZBA can require you to modify your plans so that your neighbors will not be affected.

This sounds tough.   How about an example

Suppose you own a piece of property that was subdivided prior to zoning.   The property is wide but not very deep.  To meet the front yard setback and the rear yard setback requirements, you would have to build a single-family house that was only 11 feet wide.   The hardship – your inability to build even a single-family house – would be due to the lot’s unusual shape.

Another example: the vacant property you own has wetlands on it.   To stay out of the wetlands you would have to build a single-family house closer to the side yard than is allowed.   In this case, the hardship would be due to the topography- e.g. the wetlands.

I need to build an addition to my house because I have a growing family – doesn’t that count as a hardship?

No.  Hardship relates to the land- not the person.   If you already have a house on the property – even if it is smaller than you like – then you have a “Reasonable use” of the property.

I need to expand my business but money is tight and I can’t afford to expand the parking lot or put in all those trees and shrubs.  Does my financial situation count as a hardship?

No.   The exceptional difficulty or unusual hardship cannot be just financial

My son is unemployed for nearly a year.   I want to build an apartment onto my house so he will have a place to live.   Surely, that is a hardship.

No. Again, hardship must relate to the land.  The hardship must not be solely due to your personal circumstances.   While providing an apartment for a child – or elderly parent – is commendable, it is not grounds for a variance.

What do I have to do to apply for a variance?

You must fill out an application form explaining what variances you are applying for and what hardship you are claiming.   There is a $210 non-refundable application fee.   Along with the application and the fee, you must submit a Class A-2 survey of your property.   A licensed surveyor must do the survey.

Then what happens?

State statutes require the ZBA to hold a public hearing on all variances.   When you submit the application, the Planning and Zoning Department will tell you the date of the public hearing.

At least ten days prior to the public hearing, you must notify, by certificate of mailing, all abutting property owners of the time, date and location of the public hearing.   You can get the information on the property owners from the City Assessor’s Office.

Also, at least ten days prior to the public hearing you must post on your property a sign giving the time, date and location of the public hearing.   You get this sign from the Planning and Zoning Department.   There is a $175 deposit that you will get back when you return the sign.

What happens at the public hearing?

You will be given an opportunity to present your case as to why you should be granted the variance.

Then ZBA Chairperson will ask: “Does anyone wish to speak in favor or in opposition of this application?”   This is your neighbor’s opportunity to voice their opinions of your proposal

Reports from City Staff members are also read.

Any ZBA member may ask you questions about the property or your reasons as to why you should be granted the variance.  Remember it is your responsibility to convince them that you have a hardship.

After all sides are heard from, the Chairperson “closes” the public hearing.   After the public hearing is closed, the ZBA can hear no more testimony about the application; however, they can question staff.

When does the ZBA make their decision?

The ZBA will usually vote right after the public hearing is closed, but, by State Statute, they actually have 65 days after the closed of the public hearing to make their decision.

By State Statute, four of the five members must vote in favor of a variance before it can be granted.  Even if you get a majority – 3 votes out of 5 – you will still be denied the variance.

If you are granted a variance, the Planning and Zoning Department will send you a “Certificate of Variance”, which you must file on the Land Records in the City Clerk’s Office.   Then you can get your zoning and building permits.

If you are denied the variance, you can appeal your case to the Superior Court.

If I get a variance and then sell the property, what happens?

Nothing.   The variance goes with the property.  The new owner will have the same rights – and obligations – as the person who applied for, and received, the variance.

Prepared by: Torrington Planning & Zoning Department

January 1994 – revised 2017