Applying For a Variance
If the plans do not comply with City ordinances, the homeowner may seek a variance from the Board of Zoning Appeals. Variances may be granted to homeowners in special circumstances where demonstrated hardship is experienced.
Process of Applying for a Variance
Submit BZA application by the 1st Monday of the month by 2 p.m. (Email to: charlotte.hunter@cityofforesthills.com). Failure to meet this deadline will result in your application being moved to the following meeting date.
Mandatory review meeting between staff and applicant. This meeting is to ensure the applicant is set up for the best chance of success for approval.
Certificates of mailing proof due 30 days before meeting date. Failure to meet the deadline will result in the application being deferred to the next meeting date.
Posting of signs by applicant due 15 days before meeting date. (photo in yard to charlotte.hunter@cityofforesthills.com). Failure to meet the deadline will result in the application being deferred to the next meeting date.
(3) sets of paper submittal documents due by 4 p.m. on the last Thursday of the month. (1 week prior to the BZA meeting). Documents must be folded and no larger than half size or 11x17. SWPPP's, Geotech reports, etc. need not be bound. If the documents are not received by this time and date, the application will be deferred to the next available meeting date.
*NOTE*:
Please provide all documents listed in the BZA Checklist and any additional documents that the applicant wishes the Board to consider. The applicant will be responsible for providing all necessary copies to the city and presenting their application in full to the Board. The city will provide the applicant with access to the HDMI and DocuCam technology so the application can present their application by computer or enhanced document view on the large display screen.
BZA Meeting on the 2nd Friday at 8 a.m.
Applicant will receive a letter detailing the results of the variance request.
DO NOT modify the approved BZA plans without approval from the city.
If the variance has been approved, the applicant can submit for a permit anytime within 18-months from the time of BZA approval. The city cannot transfer files from the BZA application submittal. All documents must be resubmitted by the applicant for the permit along with any other requirements as referenced in the permit guide sheets provided in #2 of the instruction blocks of the permit portal.
If a permit application is not submitted within an 18-month period after BZA approval, the application must go back in front of the BZA for reapproval.
There are four (4) possible outcomes of a BZA application. (1) The applicant withdraws their application (2) the applicant asks for a deferral (3) The application is approved with or without conditions (4) the application is denied. The city staff has no vote nor does the board ask for recommendations from city staff. The BZA Members have full voting authority on all applications put before them.
*NOTE*:
If your variance request is denied by the Board of Zoning Appeals, you will not be able to resubmit on that application for an 18-month period.
On an applicant requested deferral: The first deferral will be 60 days (Two meeting dates unless the board agrees to a reduce the time frame to 30 days). The second deferral will be 90 days (Three meeting dates).