The Village of North Palm Beach is a thriving and growing community.  This breathtaking South Florida town offers exclusive luxury properties and is quickly becoming an attractive high-end real estate investment option. However, structural and land development are often critical pieces of turning this type of endeavor into a success. But what do you do when municipal ordinances stand in the way of your plan for a particular property? By understanding variances, you can help anticipate how they can impact your North Palm Beach Real Estate Venture.

What is a Variance?

When a property owner requests a variance, he or she is asking to be allowed to do something which is outside the current zoning requirements for the land. If the variance is granted, it grants special permission to change the use. However, the change is limited to the terms of the variance only for that property.

Hardship

The reason a North Palm Beach property owner may want a variance needs to be connected to a hardship or problem with using the property as it is. In North Palm Beach, owners may ask for a variance to add a feature such as a guest house, tennis court, or stable.  The request may also be for something such as creating a parking lot or exceeding a specific building height.

Use and Area Variances

In general, there are two kinds of variances:  Use and Area. As the name implies, a use variance allows property owners to utilize their property in a way which is not authorized by ordinance. For example, an owner may want to operate a business in an area which has been zoned residential. An area variance is necessary when there are physical issues with a property which prevent construction or additions.  For instance, a contractor may need an area variance to build a structure on part of the property or according to specific dimensions to meet the owner’s needs.

In North Palm Beach, variances are decided by the Board of Adjustment. The Board has the power to authorize variances provided they are not contrary to public interests, and enforcing them would result in unnecessary and undue hardship on the requester.

While it may sound straight-forward, the variance process can be extremely complicated. You need the assistance of an experienced Florida real estate attorney to properly prepare your variance application and demonstrate that you have met all of the mandated requirements. At Rabideau Klein, Guy Rabideau, Esq. and David E. Klein, Esq. are Board-Certified Florida Attorneys with extensive experience handling variance and land issues.  We know the right steps to take to protect your North Palm Beach investment property. If you have questions regarding a North Palm Beach variance, Contact Rabideau Klein today.

Menu