help building variance approval

[Chris Brall]

Hello investors I bought a single-family home that needed extensive rehab. 3/4 of the way through the rehab the building department red flagged me and started the permit and variance process. I have gone through the steps to have the meeting scheduled on 2/16/22 with the variance board. The building department told me that it is a50/50 chance to receive the variance because the road is planned for widening due to new subdivisions coming in the future and that puts my entire home in nonconforming to the new set back limits. There are at least 5 other properties on the same road as me that have existing situations that I am trying to receive a variance for. looking for help with any suggestions that might help me receive the variance approval process. Thank you in advance for reading this.

[Matt Devincenzo]

What is the variance for? And while I understand you got 'red tagged' for the non-permitted work, is the condition that requires a variance something you did, or is it an existing permitted condition? For example if your porch is within the setbacks, but was originally there and you didn't modify it then you should not need the variance since the condition was 'existing' (this assumes proper permitted in the past etc.)

You may want to talk to a local land use attorney that specializes in eminent domain and condemnation. Values and property rights associated with ED are a very specific area. The entity will probably offer $$$ for the 'take' and then offset the value based on the 'increased property value'...knowing when and how to argue what the value should be will be critical to ensuring you actually get the $$$ due or don't give away for free what they should pay for....

The devil's in the details...