VARIANCES
When a Variance May Be Requested
A Variance may be requested when your proposed project does not meet the specific requirements of the City’s ordinances. Building setbacks, required parking spaces, and building height are all examples of elements that may require a variance. Please be advised that variances are not easily obtained. The State of Michigan requires an applicant to prove a practical difficulty or undue hardship in order to receive a variance. If you are not sure if your proposal will require a variance, please contact the City. We want to make the development process as smooth as possible. Please call with any questions you may have at (248) 546-4072.
VARIANCE REQUIREMENTS
The following needs to be included in your submission before the City can consider your application. Please note that any letters of support you submit must be notarized.
- A complete application
- All fees (Residential: $650; Commercial: $650.00)
- Title search
- A site plan or mortgage survey
VARIANCE PROCEDURE
The Zoning Board of Appeals meets the first Wednesday of every month. The deadline for applications to the Zoning Board of Appeals is 3 1/2 weeks before the Zoning Board of Appeals meeting.
Now that you’ve submitted your variance application, what happens next?
Step One: Once you have applied to the City with the required information, the Building Department will schedule a public hearing. The City prepares and distributes notices to everyone within 300 feet of your proposed development of what you plan to do and when the matter will be considered. You will also be notified when this happens.
Step Two: Your variance request will be discussed at the Zoning Board of Appeals meeting. You must convince the Zoning Board of Appeals that the City’s requirements as applied to your project will cause a practical difficulty or an undue hardship. You will have the opportunity to present your case to the Zoning Board of Appeals. This is a public hearing so anyone may have the opportunity to speak about the proposed development.
Step Three: Based upon the evidence presented, the Zoning Board of Appeals will determine whether or not a variance should be granted. The Zoning Board of Appeals will approve, approve with conditions, or deny the request.
Step Four: If the Zoning Board of Appeals grants the variance, you may then proceed to the site plan approval phase of your project. If the Zoning Board of Appeals denies the request, the proposed development must be amended to meet the City’s ordinance requirements.
City of Hazel Park
Building Department
Zoning Board of Appeals Application
(248) 546-4075
The Zoning Board of Appeals meets the first Wednesday of every month. The meetings are held at 6:30 p.m. in the Council Chambers at the City Hall, 111 East Nine Mile Road, Hazel Park, Michigan 48030
A title search for the property showing the address, owners, and all easements and rights-of-way is required in order to process this application. The application shall be accompanied by a site plan drawn to scale and placed on a standard sheet. The site plan shall contain all dimensional elements for which a variance is requested.
APPLICANT:
Name:______Telephone: ______
Address:______
Relationship to Property (current tenant, future tenant, representative, owner, future owner)
______
PROPERTY OWNER:
Name:______Telephone: ______
Address:______
PROPERTY DESCRIPTION:
Address:______
Sidwell (Tax I.D. #):______Lot & Subdivision: ______
Current Zoning Classification: ______Use of Property: ______
VARIANCE REQUEST:
Description of Request:______
______
From the City of Hazel Park City Code, Chapter ______Section ______
Has the City refused a permit for this request? ______
Is the variance request made for financial reasons? ______
GROUNDS FOR APPEAL
There are two types of variances: use variances and non-use variances. A use variance permits the use of land that is otherwise not allowed in a zoning district. A non-use variance is a variance regarding setbacks; height; parking; sign size or placement; fences or walls.
The applicant must prove to the Zoning Board of Appeals that not receiving this variance will cause undue hardship or practical difficulty. Please complete either the use variance or non-use variance sections (whichever is applicable to your request)—DO NOT COMPLETE BOTH SECTIONS.
NON-USE VARIANCE
A non-use variance is a variance regarding setbacks; height; parking; sign size or placement; fences and walls.
Strict compliance with the ordinance would be unreasonably burdensome because ______
The variance would do substantial justice to me as well as the neighborhood because ______
______
The property is unique because ______
______
The situation is not self-created because ______
______
USE VARIANCE
A use variance permits the use of land that is otherwise not allowed in a zoning district.
Property cannot be used or put to a reasonable use for the purposes permitted in that zoning district because
______
The property is unique because ______
______
The proposed use will not alter the essential character of the area because ______
______
The situation is not self-created because ______
______
I represent that all of the statements contained within this application are true and accurate to the best of my knowledge. I understand that the burden of proof falls upon the applicant and that the provision of notarized statements and other forms of documentation is paramount to the ZBA’s decision-making process and is my responsibility. I agree to abide by the decision of the ZBA or file an appeal with the Oakland County Circuit Court within 21 days of the ZBA’s decision. I understand that ZBA members may need to access the property to better understand the case.
______
Signature of ApplicantDate
______
Signature of Property OwnerDate
State of Michigan}
County of ______}
Sworn to me on this______date of ______
______
Notary Public