Variance
Permission from the city to do something zoning normally wouldn't allow, like building closer to the property line than the setback requires. Getting one usually takes a hearing.
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Part 1 of 4
Why a seller cares
A variance is the city's permission for something zoning does not allow, and it takes a hearing. A structure built without one, inside a setback or over a height limit, is a question the buyer's survey can raise.
Part 2 of 4
A simple example
Your garage was built four feet from the line where five is the rule. A variance would have taken a hearing; without one, the buyer asks the city for a letter.
| The situation | What tends to follow |
|---|---|
| A variance was granted and recorded | The answer is in the file |
| No variance, built years ago | Often a letter from the city that it will not enforce, or a variance applied for now |
| The city objects | A structure moved or modified before closing |
A variance is the paper that makes an exception legal. Without it, the exception is a risk.
Part 3 of 4
What people get wrong
That old violations are forgiven. Some cities enforce on sale, and the survey is where they find out.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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