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Statement of Variance

You must submit a statement of variance for each variance that you are requesting. No variance can be granted unless the Board finds that all of the following facts and conditions exist.

Your statement of variance MUST explain that all five of these conditions exist:

1. Preservation of Intent. A variance would not be inconsistent with the spirit, purpose and intent of the regulations for the district in which it is requested.

In writing, explain how what you are planning to do will fit in with the rest of the uses that have been zoned in your area.

2. Exceptional Circumstances. Exceptional, extraordinary or unusual circumstances or conditions apply to the lot or intended use that do not apply generally to other properties or uses in the same district, and the variance is not of so general or recurrent nature to suggest amendment of the regulation.

In writing, explain how your lot is different from all of the other lots in the immediate area - this difference is the reason that you require a variance, and therefore, the reason cannot be common to all of the lots in your immediate area.

The shape or size of the property, or the steep slope of the property, which would limit reasonable use of the land, are examples of unique property limitations - unless all of the lots in your area are of an odd shape or steep slope.

3. Preservation of Property Rights. The variance is necessary for the preservation and enjoyment of the same substantial property rights, which are possessed by other properties in the same district and same vicinity.

In writing, show that what you are planning for your property will allow you to enjoy your property in a way that your neighbors are able to enjoy their properties.

4. Absence of Detriment. The variance will not create substantial detriment to adjacent property, and will not materially impair or be contrary to the spirit, purpose and intent of this chapter, or the public interest.

In writing, show that the variance will not cause harm to your neighbors or to the public at large.

5. Hardship, Use. The alleged difficulty or hardship is not self-imposed nor is it based solely on economic grounds.
    Hardship, Dimensional. In the case of a dimensional variance request, compliance with the code requirement from which the variance is requested would unreasonably prevent the property owner from using his or her property for a permitted purpose or would otherwise be unnecessarily burdensome.

Additional Use Variance standards:
To prove that unnecessary hardship is caused by the zoning code, it must be shown that without a variance the owner cannot make reasonable use of the property. This lack of reasonable use should stem from the nature of the property and not arise from the circumstances of the person making the appeal. Please show this in writing.

The hardship must also be unique to the parcel in question. In other words, it cannot be a hardship that would affect all the properties in the zoning district.

Loss of money or financial difficulty is not in itself grounds for a variance.

A hardship that you have created is not in itself grounds for a variance.

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Last updated: Friday, June 25, 2007. ©City of Milwaukee. All rights reserved.