Variance Process

How Do I Obtain a Variance?


When:  Your project cannot meet the dimensional requirements of the zoning code. You may need to reduce the required yard size, setbacks, or parking spaces.


Why:  Zoning law assures you and your neighbors that any development or design changes to adjacent properties will not adversely affect your enjoyment in and use of your property.


Process:


Step 1:


Set up a meeting with the Building Inspector. The Building Inspector will review the procedures for a variance with you. The request should meet the following criteria:

  1. There is an extraordinary circumstance which creates an unnecessary hardship.
  2. The property is unique in nature preventing standard development.
  3. The proposal is not detrimental to the public.
  4. The proposal is not strictly for profit.
  5. The variance does not undermine the spirit of the ordinance.


Step 2:


Submit plans, application and application fee to the Building Inspector. A minimum of 3 weeks is required from the time an application is submitted until the Board of Zoning Appeals will review the matter.


The Board of Zoning Appeals meets on an as needed basis.


  1. Site Plan – A Site Plan of the property needs to be submitted.
  2. Variance Application Form – This form shall include a written description of the proposed variance describing the actual modification, and why the variance is justified.
  3. Fee – Application fee is $250.00 plus publication costs.


Step 3


The City of Markesan shall post a Class 1 notice in the newspaper notifying the public of the proposed variance. The City will also notify neighbors within 200 feet of the subject property.


Step 4


The Board of Zoning Appeals will hold a hearing open to the public. The public will have a chance to state their opinion on the proposed variance. The Board of Zoning Appeals will have the applicant present testimony for the justification of the request. The Board will make a decision on the request based on testimony, statements, and recommendations.


Step 5



The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination appealed from or to decide in favor of an applicant or any matter on which it is required to pass or to effect a variance.

Close