A variance is a limited exception to the usual requirements of the Land Development Regulations (LDR). A variance is requested when a property owner has a unique and unusual hardship, usually created by the physical characteristics of the land which make it difficult to develop under standard regulations. A variance application must go to a public hearing before the Board of Adjustment and may only be granted if it meets all the requirements specified in the LDR. From filing to final decision, a variance petition typically takes two (2) months. The planner assigned to your petition will be your main contact person throughout the process.
Property Owner/Applicant conducts a Pre-Application Conference with the Community Development Department staff to discuss the proposed project.
Once the application is deemed complete, the petition is scheduled for a public hearing before the Board of Adjustment. The Community Development Department will place a sign on the site, advertising the hearing date and time. The planner assigned to your petition will prepare a staff report for the Board of Adjustment and schedule a public hearing with the Board. In evaluating whether or not sufficient justification exists to make a determination of hardship in the granting of a variance, the Board of Adjustment will make a finding that the application meets all of the following criteria:
(1) Extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and
(2) Application of the provisions of the zoning/sign code to the particular piece of property would create an unnecessary hardship; and
(3) Conditions are peculiar to the particular piece of property involved; and
(4) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Land Development Code.
The department will generate a staff report including background information on the property, as well as findings to meet the criteria listed above. The report will give staff’s recommendation to approve or deny the variance request.
Public notice of the request will be done with a newspaper ad, posting of a sign, and a letter to property owners within 100 feet of the property 10 days prior to the public hearing.
Board of Adjustment makes the final decision, taking into consideration the staff report and the testimony of the staff, the applicant and the public. The public hearing begins with a presentation of background information by the planner assigned to your petition and may be followed by a presentation of the applicant. Applicants are encouraged to attend the hearing. Upon hearing all of the evidence and testimony relative to the variance petition, the Board shall render a decision based on consistency with the City of Temple Terrace Code.
Residential
$500.00*
Commercial
Sign Variances
$450.00*
*Plus Advertising Cost
*Adverstising Cost is to pay for the legal advertsement required by Florida Statute in the local newspaper as well as notice to the surrounding property owners. These advertising requirements are performed by the City Clerk and the property owner will be billed separately by that department subsequent to advertising.
NOTE: Please fill out the Authorized Agent Affidavit if the variance is being applied for by someone other than the property owner.
Please indicate that the following information is included in the application package:
Executed Variance Application
Application Filing Fee
Copy of Deed showing current owners of record
Electronic Copy of Legal Description - Must be submitted in Microsoft Word format
Survey or Plat - Identify the specific location on the property where the variance is being requested
Justification Report - detailed description and explanation of the purpose of the request
Variances may only be granted for height, area, size of structure, etc. In stating the grounds for support of the application, an unnecessary hardship must be shown. This is a hardship that is peculiar to the specific land, structure or building involved and hardship that is not shared generally with other properties, or most, in the same zoning district. An economic hardship does not qualify as a justification for granting a variance (i.e. it's too expensive to build it that way). You should show that the hardship does not exist because of your own actions and that granting the variance will not confer special privileges that are not enjoyed by other property owners. You should show that granting the variance will not adversely affect other properties and/or the character of the zoning district. The Board of Appeals (BOA) or City Council cannot grant a variance that may be detrimental to the public interest. The BOA or Council may attach appropriate and reasonable safeguards, or conditions, to the granting of a variance. These conditions are a part of the approval and strict conformance must be observed. The BOA and Council are not bound to grant a variance simply because a request is made. The applicant must show the facts and the law applicable to this situations. A carefully prepared application listing the grounds on which the variance is sought is a prime requisite to possible favorable Board or Council action.
In evaluating whether or not sufficient justification exists upon which to make a determination of hardship in the granting of a variance, the board shall make a finding that:
I hereby certify that I am (we are) owner(s) of record of the above described property or I (we) have written permission from the owner(s) of record (copy of authorized agent affidavit attached) to request this action. I hereby certify that the information submitted on this application is true and correct to the best of my knowledge at the time of application.
Signature of Applicant/Owner
NOTE: All persons having a legal or equitable ownership interest in the property must sign the application. Publicly held corporations must provide the name and address of the corporation and principal executive officers.
By checking this box, I acknowledge that I am electronically signing this form and that the above information is true and correct to the best of my knowledge.
* indicates a required field
