Tips For MHP Setback Variances?

Question

My MHP is located in a town where the setbacks are such that I can only get 10-12 foot homes on the lots. My partner @Ryan Murdock is going to request a variance so we can get 14-foot wide homes on the lots. They'll look nicer, and make the park look nicer. We're coming at it from this angle, but looking for any other suggestions.

Any tips for getting the variance approved?

Ronald Mentzer · Answer

As a long time local government official responsible for processing and making staff recommendations on this type of zoning variation requests, here are some recommendations that should improve your chances in achieving your desired end goal:

1. Fact find and relationship building - reach out to the local official that would be responsible for processing your request. Ideally, this would be the same person/professional that would be responsible for formulating and presenting a recommendation on your request to the Zoning Board.  You want to learn the following info from this person:

A. What is the purpose or goal of the existing setback regulation.  A better understanding of the basis for the setback reg. should allow you to define how best to structure your application, what information you should submit and what justification you can present to support the approval of your request.

B. Is he or she aware  of any similar variation requests that have been made. Were they ultimately approved or denied? Why? Similarities to your situation?

C. Carefully review and understand the specific process and approval criteria or standards the governmental org. will use as a basis to make a decision on your request.  How he or she feels these criteria apply to your request/situation?

D. His or her initial feeling/position on your request. Do not argue or alienate this person as in most cases it is important to obtain this person' support and guidance... learn from this person as much as you can.

2. If it sounds like a variation is not likely to be approved, talk with your gov. contact about the possibility of requesting an amendment to the text of their zoning regulations. The approval criteria/standards for a text amendment are often less stringent and easier to satisfy than the approval criteria for variations. A variation is very site specific. Unless your site/situation has unique or special circumstances that do not generally apply to similar projects, it may be difficult to successfully argue that you should be allowed to have reduced setbacks when others in similar situations can't. Depending on what feedback you get to item1.A, it may be more palatable to the gov. to reduce/change the regs. for all by revising the text of their regs.

3. Consider attending one of the Zoning Board's upcoming meetings to just observe the proceedings and personalities of the board members. This should improve your comfort and effectiveness if and when you ultimately present your request to the board.

4. Prepare and submit a complete, organized, and professional looking application submittal that includes all required and recommended (by your gov. official contact) information.

Hope this helps.

Eric Teran · Answer

@Ronald Mentzer  great explanation! Be very nice to the city official during this process.

I will add one piece of advice from an Architect's perspectives. Find out what your neighbors think of your property getting a variance. Most likely there will be some type of public hearing and neighbors will show up. Especially if they do not want it in their neighborhood. There is almost always one person who will not want it and rile up the entire neighborhood against you. I can tell you some stories and we will need some whiskey to get through them! You have to find out who that is and make it seem that you are working with them.

With my projects that are complicated and have a public hearing we always hold neighborhood meetings. First I find out from the city who is legally informed. I then make a mailing list and send it to all those same people that will be getting notices from the city. I hold the meeting at the project site and have coffee or doughnuts for the neighbors. I also have plans, elevations and possibly 3D renderings to show. Sometimes we even stake the corners of the projects so that they can visually see what is going on. However, this is still very schematic. I want the neighbors to voice their concerns and show them how the design evolves with their input.

If it is a complicated neighborhood I might hold a second neighborhood meeting showing them the compromises made to satisfy their concerns. Perhaps you only have 75% of the length at 14' and the rest at 12' so that the front is not so bulky. Who knows. Always ask for more than you want at the first meeting and then give some concessions to the neighbors as the project evolves.

This strategy is good for a few reasons:

1. You can tell the city council (or board or whoever) that you have been working with the neighbors and hear their concerns.

2. You can show them that you have made concession from your original plan (only building 75% at 14' rather than the full 100%).

3. Neighbors cannot state that they were caught by surprise or that you are trying to pull a fast one over them.

4. Some neighbors probably like you by now and will not show up to complain. Some might even say they favor the variance and think the zoning code should eventually change. Getting neighbors on your side is an enormous bonus! Especially if they show up.

5. During the hearing you can say something like, "Neighbor A was concerned about topic X so we modified Z and have now resolved their concern." Look at you! The hero! Resolving issues that the city council doesn't have to worry about and waste time on. You are now on everyone's good side.

I know this is a lot more work but it has always been worth it when I have done one. Of course this is sometimes overboard depending how each city approves variances. However, if there is a public hearing take the time to do this. I can get into more details if you have questions.

Good Luck.

Ryan Murdock · Answer

I appreciate the input. I will update this thread as the process here evolves.

Jeffrey H. · Answer

If your MHP is grandfathered then setbacks are a bit of an art form instead of firm measurements.  Most of these non-conforming parks have various sized units - some with a 4 foot setback and others a 20 foot.  Getting agreement with the City on what this means for your park is a push and pull activity.

Might be worth a consultation with an attorney specializing in setbacks and variances in the state to make sure that you really NEED a variance before you go through all of this work.

However if this park is conforming to city ordinances then you can trash this response.  Good luck!

Tips For MHP Setback Variances?

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