Key Takeaways

  • Variance meaning in law refers to a difference or discrepancy between legal documents, pleadings, or evidence that should be consistent.
  • A substantive variance affects the core of a case (e.g., a writ in contract vs. declaration in tort) and may invalidate proceedings.
  • A variance by disagreement arises when evidence does not exactly match allegations, and if material, it can be fatal to a case.
  • In land use and zoning, a variance allows property owners to deviate from zoning rules under certain conditions.
  • Variances are generally categorized as use variances (permitting a different land use) and area variances (adjusting physical requirements like setbacks).
  • Courts and zoning boards apply standards such as practical difficulties and unnecessary hardship before granting a variance.

VARIANCE

A disagreement or difference between two parts of the same legal proceeding, which ought to agree together. Variances are between the writ and the declaration, and between the declaration and the evidence.

Variance in Zoning and Land Use

Outside of pleadings, the variance meaning in law often arises in land use and zoning contexts. A zoning variance is a legal exception granted to a property owner, allowing them to use land in a manner that deviates from local zoning ordinances. For example, a variance might permit a homeowner to build closer to a property line than normally allowed, or authorize a business to operate in a residential zone. These exceptions balance the strict enforcement of zoning rules with the practical needs of property owners.

Variance as a Matter of Substance

When the variance is a matter of substance, as if the writ sounds in contract, and the other in tort, and e converso, or if the writ demands one thing or subject, and the declaration another, advantage may be taken of it, even in arrest of judgment; for it is the writ which gives authority to the court to proceed in any given suit, and, therefore, the court can have no authority to hear and determine a cause substantially different from that in the writ. But if the variance is in matter of mere form, as in time or place, when that circumstance is immaterial, advantage can only be taken of it by plea in abatement.

Types of Zoning Variances

Courts and zoning boards generally recognize two primary types of variances:

  • Use Variance: Permits a land use otherwise prohibited in the zoning district. For example, operating a retail store in a zone limited to residential housing.
  • Area Variance: Relates to physical requirements, such as setbacks, building height, or lot size. These variances allow modifications that don’t change the property’s basic use but adjust its dimensions to fit practical needs.

Granting either type requires showing that strict adherence to zoning rules would create undue hardship or practical difficulty.

Variance by Disagreement

A variance by disagreement in some particular point or points only between the allegation and the evidence, when upon a material point, is as fatal to the party on whom the proof lies, as a total failure of evidence. For example; the plaintiff declared in covenant for not repairing, pursuant to the covenant in a lease, and stated the covenant, as a covenant to "repair when and as need should require;" and issue was joined on a traverse of the deed alleged.

The plaintiff at the trial produced the deed in proof, and it appeared that the covenant was to "repair when and as need should require, and at farthest after notice:" the latter words having been omitted in the declaration. This was held to be a variance, because the additional words were material, and qualified the effect of the contract. But a variance in mere form or in matter quite immaterial, will not be regarded.

Standards for Granting a Variance

When evaluating a variance request, legal authorities typically apply tests to ensure fairness and consistency. Two common standards are:

  • Unnecessary Hardship: The applicant must show that without the variance, they cannot make reasonable use of the property. This is a higher threshold, often applied to use variances.
  • Practical Difficulties: A less stringent test, often applied to area variances, where compliance with zoning rules would create significant but not insurmountable difficulties.

Zoning boards weigh these standards along with community interests, ensuring that granting a variance does not harm public welfare, alter neighborhood character, or set harmful precedents.

Frequently Asked Questions

1. What does variance mean in law?

In law, variance refers to a discrepancy between legal documents or evidence, or an exception to zoning ordinances granted under specific conditions.

2. What is the difference between use and area variances?

A use variance permits land uses not otherwise allowed, while an area variance adjusts physical requirements like building height, setbacks, or lot size.

3. Why are variances important in zoning law?

Variances provide flexibility, allowing property owners to overcome unique hardships while ensuring zoning laws still protect public welfare.

4. What happens if a variance in pleadings is substantive?

If a variance is substantive, such as alleging a tort when the writ is based on contract, the court may lack authority to proceed and the case may be dismissed.

5. Who decides whether to grant a zoning variance?

Local zoning boards or planning commissions typically review variance applications and decide based on hardship, practical difficulty, and community impact.

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