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Zoning Variance Request

This document is a sample Zoning Variance Request and should be adapted to fit your specific circumstances.

1. Introduction

This Zoning Variance Request is submitted by [Your Full Name], the owner of the property located at [Property Address]. The property is currently zoned as [Current Zoning]. This request seeks a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for [Proposed Use].

2. Property Description

The property is located at [Property Address] and consists of [Property Size] of land. The property is currently [Describe the current state of the property, e.g., vacant, occupied by a single-family dwelling, etc.].

3. Proposed Use

The proposed use for the property is [Proposed Use]. This use is not currently permitted under the [Current Zoning] of the property.

4. Justification for Variance

The applicant believes that a variance is necessary for the following reasons:

  • Unique Circumstances: [Explain the unique circumstances of the property that make it difficult to comply with the zoning regulations. For example, the property may have unusual topography, be located in a transition zone, or have other physical characteristics that make it unsuitable for the permitted uses.]

  • Hardship: [Explain how the zoning regulations impose a hardship on the applicant. For example, the applicant may be unable to develop the property for its intended use without a variance, or the variance may be necessary to prevent a financial loss.]

  • Public Benefit: [Explain how the proposed use will benefit the public. For example, the proposed use may create jobs, provide affordable housing, or improve the quality of life in the community.]

  • Minimal Impact: [Explain how the proposed use will have minimal impact on the surrounding neighborhood. For example, the proposed use may be compatible with the existing uses in the area, or the applicant may be willing to implement mitigation measures to minimize any potential impacts.]

5. Supporting Documents

The following documents are attached to this request:

  • Property Survey: [Include a property survey that shows the boundaries of the property and any existing structures.]

  • Site Plan: [Include a site plan that shows the proposed use of the property and any proposed structures.]

  • Architectural Drawings: [Include architectural drawings that show the design of any proposed structures.]

  • Traffic Impact Study: [If the proposed use is likely to generate significant traffic, include a traffic impact study.]

  • Environmental Impact Assessment: [If the proposed use is likely to have a significant environmental impact, include an environmental impact assessment.]

  • Letters of Support: [Include letters of support from neighbors, community organizations, or other stakeholders.]

6. Conclusion

The applicant respectfully requests that the [Name of Zoning Board] grant a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for the [Proposed Use] of the property. The applicant believes that the proposed use is consistent with the overall goals of the zoning ordinance and will benefit the community.

7. Case Laws

Case Laws:

  • [Case Name]: [Case Citation] - This case established the principle that a variance may be granted if the applicant can demonstrate that the zoning regulations impose a hardship on the property owner.

  • [Case Name]: [Case Citation] - This case held that a variance may be granted if the proposed use will not have a negative impact on the surrounding neighborhood.

  • [Case Name]: [Case Citation] - This case emphasized the importance of public benefit in granting a variance.

Sources:

  • Kenya Law

  • The Law Society of Kenya

8. TLDR

This Zoning Variance Request seeks permission to use a property for a purpose not currently allowed under its zoning classification. The request argues that the proposed use is justified due to unique property circumstances, hardship, public benefit, and minimal impact on the surrounding area.


Zoning Variance Request Document

Zoning Variance Request

Applicant: [Your Full Name]

Property Address: [Property Address]

Current Zoning: [Current Zoning]

Proposed Use: [Proposed Use]

Date: [Date]

Introduction:

This Zoning Variance Request is submitted by [Your Full Name], the owner of the property located at [Property Address]. The property is currently zoned as [Current Zoning]. This request seeks a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for [Proposed Use].

Property Description:

The property is located at [Property Address] and consists of [Property Size] of land. The property is currently [Describe the current state of the property, e.g., vacant, occupied by a single-family dwelling, etc.].

Proposed Use:

The proposed use for the property is [Proposed Use]. This use is not currently permitted under the [Current Zoning] of the property.

Justification for Variance:

The applicant believes that a variance is necessary for the following reasons:

  • Unique Circumstances: [Explain the unique circumstances of the property that make it difficult to comply with the zoning regulations. For example, the property may have unusual topography, be located in a transition zone, or have other physical characteristics that make it unsuitable for the permitted uses.]

  • Hardship: [Explain how the zoning regulations impose a hardship on the applicant. For example, the applicant may be unable to develop the property for its intended use without a variance, or the variance may be necessary to prevent a financial loss.]

  • Public Benefit: [Explain how the proposed use will benefit the public. For example, the proposed use may create jobs, provide affordable housing, or improve the quality of life in the community.]

  • Minimal Impact: [Explain how the proposed use will have minimal impact on the surrounding neighborhood. For example, the proposed use may be compatible with the existing uses in the area, or the applicant may be willing to implement mitigation measures to minimize any potential impacts.]

Supporting Documents:

The following documents are attached to this request:

  • Property Survey: [Include a property survey that shows the boundaries of the property and any existing structures.]

  • Site Plan: [Include a site plan that shows the proposed use of the property and any proposed structures.]

  • Architectural Drawings: [Include architectural drawings that show the design of any proposed structures.]

  • Traffic Impact Study: [If the proposed use is likely to generate significant traffic, include a traffic impact study.]

  • Environmental Impact Assessment: [If the proposed use is likely to have a significant environmental impact, include an environmental impact assessment.]

  • Letters of Support: [Include letters of support from neighbors, community organizations, or other stakeholders.]

Conclusion:

The applicant respectfully requests that the [Name of Zoning Board] grant a variance from the [Specific Zoning Regulation] of the [Name of Zoning Ordinance] to allow for the [Proposed Use] of the property. The applicant believes that the proposed use is consistent with the overall goals of the zoning ordinance and will benefit the community.

Signature:

[Your Signature]

Printed Name: [Your Full Name]

Date: [Date]


Sources:

This document is a sample Zoning Variance Request and should be adapted to fit your specific circumstances. It is recommended to consult with a legal professional for advice on your specific situation.

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