Will Variance be Approved-How can I know BEFORE I BUY A PROPERTY?

Question

I've never done new construction, or applied to have a variance changed (am I even saying this right?)

I know in my area (Philly), it can be a real pain to get a variance to change a SFH into a multi, for instance.

How does one go about finding out ahead of time if it's likely they can use a property in a different way than how it is currently zoned? Like, do land developers have to buy the land first, and gamble essentially since they can never know for sure if they'll be able to even build on that land until they apply for it to be zoned that way? Or, in Philly, we have old run-down warehouses being bought up and repurposed into loft apartments. How do these guys know ahead of time before they just throw money into buying it that they'll actually be able to change the use?

I'm imagining nightmare scenarios where I buy a SFH to turn multi, or raw land to develop, only to find out that I cannot get the variances/zoning needed to move forward. Being stuck with unusuable property is the opposite of what I'm going for!

Thanks for teh feedback BP

Lynnette E. · Answer

You can put a contingency in the sales agreement that you will get an approval for the variance.

You can make donations to the politically elected folks for their re-election and become their best friend.

You can talk with the neighbors to make sure they will not object.

You can talk with the zoning folks and discuss how they make the decision, what they consider, and get a 'ball park' view if you project has a chance.

Josh Cuthbertson · Answer

I agree with everything @Karen Margrave said. However, I would just like to add to ask the planning staff if they would support your project. If the counter level, and senior level planners agree with you and think it is a good project, you'll have an easier time because they support it.

This is all developer risk. We've had clients purchase options on the property to take it off the market for 3+ months to negotiate with the City. I've had planning staff say they'll support it and the project does not go through, and I've had planning staff tell me they hate my project and won't support it and THAT went through. lol. Tough the entitlement process.

Karen Margrave · Answer

@Trevor Deeter Firist off, you didn't say what city you would be wanting to do the variance in.  Go on to the website for that city and search for variance, and see what the process is and if it tells you how long it will take. You can also do a google search. Every city is different regarding their process. Also, go down to the Planning Dept and talk with them, ask their opinions, as to if they think a variance would be approved, and most importantly, how long would it take? Also, look at the neighborhood, has such a variance already been granted? What does the neighborhood look like? Will your project fit in? However; in answer to your question, you won't know for certain until you apply, but you should be able to have a good idea.   The devil is in the details. Good luck.

Jay Hinrichs · Answer

variances and rezoning are totally different.

Stanley Bronstein · Answer

@Trevor Deeter One place to start is by going to the city and talk to people in the building / zoning department and ask them for help.  If you find the right person, you will be amazed about how much they can help you.

Chris Mason · Answer

Big ticket developers enter negotiations with local authorities as part of the purchase & transaction.

A small fry, the local authority isn't likely to want to spend their time until/unless you own it.

Michelle T. · Answer

The skinny...you won't get that answer till you own it.

I just bought a lot with the same scenario but it was far too good a deal to pass up. I did my due diligence by reaching out and speaking to those in the decision seat to get a feel for what I had in mind if I purchased it. Knowing what was involved, I forged ahead with the deal. Fingers crossed. That's really all you can do. Nothing is in writing and won't be till you go thru their processes.

My take...if you believe in your project and aren't attempting to veer too far from the unknown, especially looking to add value, then I say go for it. If you need that deff answer, then move onto a lot that allows you to do what you want to do without question. Some lots are worth the hassle and extra time, money and hurdles to get done what you envision. Others not so much.

So how much is the lot is my question?

Brandon Copeland · Answer

Best bet is to talk with the town or city. Hit up their planning and development department, and their permitting departments, and have a frank conversation. I see no reason why they wont' describe their process, and although they certainly won't be committal without a formal application, they will likely tell you if it seems likely or unlikely. Beyond that... yeah, it's a gamble. Development is high risk / high reward. One option is to include a preliminary approval of the project as a condition of purchase, but this can take time and might make your offer less attractive if other people are looking at the property. As such, adjust your offer accordingly.

Peter Tverdov · Answer

If you do some homework it's somewhat easy to see what the town/city will approve and not approve. You can always structure the contract that the deal is contingent on getting various approval, the issue is that can tie up the deal for 6-12 months depending on how long it takes you to get to a hearing.

Jay C. · Answer

I would advise just going in and talking to them about it. A variance is no big deal. They want to grant them if in reason.  The building counter will get you a good idea if it will fly or not.

Will Variance be Approved-How can I know BEFORE I BUY A PROPERTY?

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