Zoning Variance

Zoning variances allow property owners to deviate from standard zoning requirements when unusual property characteristics create hardship. Common variance requests include: reduced setbacks for additions on constrained lots, increased building height, or use not typically allowed in the zone. Obtaining a variance requires demonstrating: unique property conditions not shared by neighbors, hardship not self-created, and variance won't harm public interest or neighboring properties. The process involves applications, public hearings, and board review.

When You Might Need One

Consider variance requests when: your lot is unusually shaped or sized making standard setbacks impractical, existing legal non-conforming structures limit expansion options, or strict code application prevents reasonable property use. Variances aren't guaranteed—boards can deny requests if hardship isn't proven or neighbors object. In Denver, the Board of Adjustment hears variance requests. The process takes 2-4 months and costs $1,000-2,000 in fees, plus potential costs for surveys, drawings, and neighbor notification.

Variance Process in Denver

• Pre-application meeting: Discuss proposal with city planners
• Submit application: Detailed plans, narrative explaining hardship, fees
• Neighbor notification: Notice sent to adjacent property owners
• Public hearing: Present case to Board of Adjustment
• Board decision: Approval, approval with conditions, or denial
• Appeal period: 30 days for appeals if approved
• Begin construction: Only after approval is final and permits obtained