I have a cape in Bergen county and I want to basically expand the whole second floor and make it into more of a colonial type house. I went to the town and I will need a variance in order to build. My house is 5 feet to close to the road and also 4.5 feet to close to my neighbor. With my addition I am not expanding the footprint of the house. Everything is just being built on top of my current footprint. I do want to add a garage but that is on the other side of the house where I have more than enough room than what the town requires. The question I have is has anyone ever gone before the town to try and get approved for it? What type of questions do they ask you, what should I be saying and should I get a lawyer to represent me. I have no idea on how this thing works and is it hard to get approvedIn my town the avg sft/house goes from 1800-10,000+ sft with most of the houses in the 5000sft+ range. Mine would be going from 2000sft to approx. 3300 sft. Once done my house would be more in line with the rest of the town. Any advice/thoughts would be great.
OT: Applying for a variance to build an addition
- Thread starter thepal
- Start date
Not a big deal, but you will have to do a lot of work.
Besides compiling the documents including site plans and construction plans, you may be required to send notice of your plans and of the hearing date to every other household within a certain radius of your home via registered mail. The town will provide you with names and addresses from the tax list. When we did this (added a garage too close to property line) we sent out over 50 such registered letters. None of the people notified objected.
At the board meeting you will present your package, answer any questions, and the board will vote. I'd be surprised if you're not approved.
Besides compiling the documents including site plans and construction plans, you may be required to send notice of your plans and of the hearing date to every other household within a certain radius of your home via registered mail. The town will provide you with names and addresses from the tax list. When we did this (added a garage too close to property line) we sent out over 50 such registered letters. None of the people notified objected.
At the board meeting you will present your package, answer any questions, and the board will vote. I'd be surprised if you're not approved.
Assuming you are using a contractor, my guess is that they've been through this before. If you're doing it yourself, I'd suggest you use a local, connected real estate attorney. The post above gives you a good idea of the process. It might also be a good idea to get a feeling for any proclivities of the board of the specific town involved.
Yeah I have to do the notices and take an add out in the paper. I am sure none of my neighbors will have an issue with it but you never know. I just wasn't sure what type of questions the zoning board asks or if there was anything I really needed to stress when presenting to the board.
In my case the board was particularly concerned about handling rainwater (not adding more water to the storm sewer system). Since I was adding a garage (and extending an existing paved driveway to the new structure), they questioned how I would prevent rainwater from running into my neighbors yard and/or the street. Because of this they added a requirement that I install a curb along the length of the driveway to prevent runoff to the neighboring property, and that I install a drain & drywell under the driveway.
This was done on the fly during the board meeting. They asked if this could be done. I agreed, and they voted to approve my plan with the stipulation that the changes would be made.
I would not involve an attorney unless you enjoy spending money.
This was done on the fly during the board meeting. They asked if this could be done. I agreed, and they voted to approve my plan with the stipulation that the changes would be made.
I would not involve an attorney unless you enjoy spending money.
I'm on a planning board and you seem to have a pretty straightforward request but sometimes even cases that sound simple are not because of specific ordinances in your town or circumstances on your lot. Based on the basic info your provided here's what I would be looking at...
Some things to consider...
- Your new house w/addition might fit in with most of your town but does it fit within your neighborhood? Is it out of character for the neighborhood?
- Will the new addition adversely impact your neighbors in any way? Even if the current neighbor doesn't mind these boards have to consider future owners too.
- If you have septic, will the bedroom match up with your septic approval.
- Do you have other variances beyond the 5 feet you mentioned?
- Does your addition still fit within the max height allowances of the town?
- Do you border a body of water, wetlands, etc - how does that impact your variances/plans
- Has the town engineer, construction dept, zoning officer or other town entity raised any red flags that should be addressed? (great example by Scarlet16E)
Some things to consider...
- I don't want to say get a lawyer or not because I don't know your town or your specific situation. But plenty of people come in without lawyers. I would advise you bring in your architect and/or contractor to answer more specific/technical questions. You don't want a question that they could answer simply but stumps you require you to come back again to another meeting.
- 5 feet doesn't sound like a huge variance but without knowing the specific setback requirements I can't say for certain. 5 feet of a 10 feet setback is a lot different than 5 feet of a 20 feet set back.
- Make sure your blue prints, site plans, and survey are submitted, easily read, and don't contradict one another.
- When you ask for a variance you open up yourself to questions on everything on your property not just your addition. Because you are asking for relief from ordinances everything comes into play. Generally that's no big deal (particularly when you are going straight up) but just something to be aware of.
- Go talk to your immediate neighbors if you haven't already. Talk to them now so you can address their concerns before the meeting or at least be prepared to answer questions related to them at the PB meeting.
@Scarlet Pride
Thanks for all the info. basically my set backs are 25 for side yard (my house is 20.6) and 50 for front yard (my house is 42). The height of the house is below what the max the town allows and also my coverage area is 18% and my town allows up to 20%. So I am fine there. I have spoken to the engineer and the town does not require a dry well or anything for run off (although he did recommend it) My house would be in line for the neighborhood as there are a few houses that are about the same size/style. 3 or them are within the yards needed to notify that I wish to build. I will be taking pictures of those houses to show the board that im not doing something crazy in the neighborhood with my build. I just wasnt sure how in depth this whole thing was. I wasnt sure if I needed to research if the town has allowed anyone to do this and if they did should present that. Im not trying to build a 7000 sft house on a 8,000 sft lot so I figured it should be straight forward but this board is always awesome for info so I figured I would ask.
Thanks for all the info. basically my set backs are 25 for side yard (my house is 20.6) and 50 for front yard (my house is 42). The height of the house is below what the max the town allows and also my coverage area is 18% and my town allows up to 20%. So I am fine there. I have spoken to the engineer and the town does not require a dry well or anything for run off (although he did recommend it) My house would be in line for the neighborhood as there are a few houses that are about the same size/style. 3 or them are within the yards needed to notify that I wish to build. I will be taking pictures of those houses to show the board that im not doing something crazy in the neighborhood with my build. I just wasnt sure how in depth this whole thing was. I wasnt sure if I needed to research if the town has allowed anyone to do this and if they did should present that. Im not trying to build a 7000 sft house on a 8,000 sft lot so I figured it should be straight forward but this board is always awesome for info so I figured I would ask.
definitely definitely get a lawyer and/or a certified planner, along with an architect. I used to sit on a Zoning Board of adjustment in Morris County. It makes a huge difference. A laweyer / planner know what we're looking for in order to make our decision. People that show up unprepared, and/or with the wrong people... don't do themselves any favors, and can sabotage their own application.
I recently went through this down the shore. Used a great Rutgers-connected attorney who specializes in zoning. He was an absolute Godsend. We arrived at the meeting with an architect, lawyer, and certified planner. Our attorney's presentation was complimented by numerous members of the board and it was money well spent. Not all attorneys are out to rob you. Discuss cost from the beginning and use someone connected to the town.
thepal:
I have some professional experience in this area, but not in Bergen County or even in NJ, so my experience may not be applicable to your situation. However, based upon the description of your situation, you have a legally non-conforming front yard and side yard setback. It also seems you do not intend to alter the setback from the current condition. Based upon those facts, in the many jurisdictions I have worked, you would not need a variance to do your addition.
In my experience it is not uncommon for well meaning and experienced local government planning/building officials to give incorrect information to property owners in situations such as yours. I would suggest you at least consult with a local land use attorney (not to be confused with a real estate attorney) to get an opinion on whether the variance is required by code.
I have some professional experience in this area, but not in Bergen County or even in NJ, so my experience may not be applicable to your situation. However, based upon the description of your situation, you have a legally non-conforming front yard and side yard setback. It also seems you do not intend to alter the setback from the current condition. Based upon those facts, in the many jurisdictions I have worked, you would not need a variance to do your addition.
In my experience it is not uncommon for well meaning and experienced local government planning/building officials to give incorrect information to property owners in situations such as yours. I would suggest you at least consult with a local land use attorney (not to be confused with a real estate attorney) to get an opinion on whether the variance is required by code.
The above may be true and worth checking out. I can tell you in my town you would still need a variance.
In our town, expansions of pre-existing non-conforming structures generally still need a variance in a case like this. Because even if a variance was granted in the past or the setbacks were grandfathered in they still are considered non-conforming by code. By adding a second story you are increasing the intensity of the non-conformance which triggers the need for a variance. Basically even though you aren't getting any closer a two-story house at 20.5 feet is much different than a 1 story house.
Before hiring a lawyer, I would take a good look at your town ordinances. They should be available online but also your zoning or construction office should be able to help you out too. Ask them to provide you with the specific ordinance related to this variance so you can review it. It might be quite clear that you need a variance and you won't have to spend the money on a lawyer (if you can get a free consult then it can't hurt to do it).
If your town officials are as corrupt as they are in mine, I recommend hiring a contractor who is in with the powers that be.
I did all the correct homework and the zoning board of adjustments stonewalled me with incredible Mickey Mouse requirements like putting sidewalks on the side of my corner lot when not one single house on the mile-long side road - including 6 newly built houses right behind me - had no sidewalks. I found out by talking with a contractor (mine was from another town) that you gotta be using cronies of the town officials. When I called them on their incessant requests that the board exists to provide relief to homeowners when it is not burdensome on the town/neighbors (I read the NJ law that created these boards) they just laughed at me and said we can play Let's Make A Deal if we so choose.
When I see some of these idiots at parades waving the American flag I get nauseous.
Good luck.
I did all the correct homework and the zoning board of adjustments stonewalled me with incredible Mickey Mouse requirements like putting sidewalks on the side of my corner lot when not one single house on the mile-long side road - including 6 newly built houses right behind me - had no sidewalks. I found out by talking with a contractor (mine was from another town) that you gotta be using cronies of the town officials. When I called them on their incessant requests that the board exists to provide relief to homeowners when it is not burdensome on the town/neighbors (I read the NJ law that created these boards) they just laughed at me and said we can play Let's Make A Deal if we so choose.
When I see some of these idiots at parades waving the American flag I get nauseous.
Good luck.
Some random thoughts. You have gotten some good advice so far. I have done some development and have gotten variances from different towns.
1. Talk to the planning dept/ zoning dept. They are not going to give you an answer on the vote outcome, but may give you a flavor for granting variances in similar cases. Some towns just don't give out variances. I had a friend who got denied on a proposed house addition that had no major issues, but the original house didn't comply with setbacks, so they did not want any addition. After going through this, he was so fed up, he just sold the house.
2. You will need an architect of course for construction plans and for your presentation, but you should also get a lawyer. Here is the best advice I can give you: Get a architect and Lawyer who have worked on variances with this town. They know the people involved, how the votes usually go, how to prepare properly, and more importantly can canvass members privately to understand possible objections to the project so they can be addressed before the vote. Yes, politics are involved, and you want an architect and lawyer who are experienced and connected. If you walk into your presentation with an architect and Lawyer who have never worked in your town, you are at a disadvantage.
3. Hiring the right Architect and Lawyer may cost you some money, but if you are doing a substantial addition, and want to make sure you have the best chance of getting a variance, it is well worth the money.
1. Talk to the planning dept/ zoning dept. They are not going to give you an answer on the vote outcome, but may give you a flavor for granting variances in similar cases. Some towns just don't give out variances. I had a friend who got denied on a proposed house addition that had no major issues, but the original house didn't comply with setbacks, so they did not want any addition. After going through this, he was so fed up, he just sold the house.
2. You will need an architect of course for construction plans and for your presentation, but you should also get a lawyer. Here is the best advice I can give you: Get a architect and Lawyer who have worked on variances with this town. They know the people involved, how the votes usually go, how to prepare properly, and more importantly can canvass members privately to understand possible objections to the project so they can be addressed before the vote. Yes, politics are involved, and you want an architect and lawyer who are experienced and connected. If you walk into your presentation with an architect and Lawyer who have never worked in your town, you are at a disadvantage.
3. Hiring the right Architect and Lawyer may cost you some money, but if you are doing a substantial addition, and want to make sure you have the best chance of getting a variance, it is well worth the money.
OP,
Im a licensed professional planner and have practiced for over a decade. I represent several Planning and Zoning Boards and serve as a town planner in several towns. Feel free to ask anything. I've also represented private clients before boards. Good advice above. If you were generally adding a level to existing footprint you would appear before a zoning not a planning board. You do need the services of a competent architect and many of them are knuckleheads. Often times going with the cheapest guy will cost you more in the long run if your plans have to be revised several times. If you are a very thorough person you do not need an attorney... But it's not a bad idea if you want someone to hold your hand through the process. if you have a qualified architect and planner they can make your case for you also.
Im a licensed professional planner and have practiced for over a decade. I represent several Planning and Zoning Boards and serve as a town planner in several towns. Feel free to ask anything. I've also represented private clients before boards. Good advice above. If you were generally adding a level to existing footprint you would appear before a zoning not a planning board. You do need the services of a competent architect and many of them are knuckleheads. Often times going with the cheapest guy will cost you more in the long run if your plans have to be revised several times. If you are a very thorough person you do not need an attorney... But it's not a bad idea if you want someone to hold your hand through the process. if you have a qualified architect and planner they can make your case for you also.
@RU5180
I have an architect and builder and we are in the process of finalizing all of the drawings. I do not need to go before the planning board it will just be the zoning issue. MY plan is to go in front of them and claim a hardship of having 2 bedrooms on the first floor and 2 upstairs. I have 3 children under the age of 5 and I would like to have everyone living on the same floor. Plus the design of the house (1st floor) really isnt practical and it would need to be changed. The stairs that go upstairs and into the basement are not normal type stairs (based on construction done within the last 30 years). They are vary steep and im actually surprised they used to build them that way. I am always fearful one of the kids is going to fall down in them in the middle of the night. I am 6-1 and always have to duck my head when going up the stairs (first 2 steps) so I dont bang my head. In the front of my house the plan is to re-due the current front steps. Currently they are not to code with the first step (if we were leaving the house) is 18". I am actually surprised this passed code when it was first done. I basically have no idea the questions they will ask me so any input or any suggestions on what I should say would be great. I am just finishing my application and will hopefully get put on the June meeting. Thanks to everyone for all the help
I have an architect and builder and we are in the process of finalizing all of the drawings. I do not need to go before the planning board it will just be the zoning issue. MY plan is to go in front of them and claim a hardship of having 2 bedrooms on the first floor and 2 upstairs. I have 3 children under the age of 5 and I would like to have everyone living on the same floor. Plus the design of the house (1st floor) really isnt practical and it would need to be changed. The stairs that go upstairs and into the basement are not normal type stairs (based on construction done within the last 30 years). They are vary steep and im actually surprised they used to build them that way. I am always fearful one of the kids is going to fall down in them in the middle of the night. I am 6-1 and always have to duck my head when going up the stairs (first 2 steps) so I dont bang my head. In the front of my house the plan is to re-due the current front steps. Currently they are not to code with the first step (if we were leaving the house) is 18". I am actually surprised this passed code when it was first done. I basically have no idea the questions they will ask me so any input or any suggestions on what I should say would be great. I am just finishing my application and will hopefully get put on the June meeting. Thanks to everyone for all the help
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