Legal Definitions - Variance

The term Variance has two primary meanings in a legal context:

• 1. An officially granted exception to a zoning ordinance.

  In this sense, a variance is a special permission from a local government (like a city or county) that allows a property owner to deviate from specific rules in the local zoning code. Zoning ordinances dictate how land can be used and developed, covering aspects like building height, property setbacks (how far a building must be from property lines), lot size, and permitted uses. A variance is typically granted when strict adherence to the zoning rules would cause an unnecessary hardship for the property owner due to unique circumstances of the property itself, and the exception would not harm the public good or the intent of the zoning plan.

  • Example A: Residential Setback

    A homeowner owns a triangular-shaped lot that is much narrower at the back than at the front. The local zoning ordinance requires all structures to be at least 10 feet from the side property lines. Due to the unusual shape of their lot, building a garage 10 feet from the side would make it impossibly small or force it into an impractical location. The homeowner could apply for a variance to build the garage 5 feet from the side property line instead, arguing that the unique lot shape creates an undue hardship.

  • Example B: Building Height

    A property owner wants to add a third story to their historic home, which is located on a hill with unique views. The neighborhood's zoning limits residential buildings to two stories. However, the owner discovers that due to the slope of their specific lot, adding a third story would not block neighbors' views or significantly alter the streetscape more than existing two-story homes. They might seek a variance from the height restriction, presenting a case that their specific property's topography justifies the exception without undermining the overall zoning plan.

• 2. A difference or discrepancy between two statements or pieces of evidence that would ordinarily be expected to match or align.

  This meaning refers to an inconsistency or material difference found when comparing two pieces of information, documents, or accounts that should logically be consistent with each other. In legal proceedings, a variance can sometimes be significant if the discrepancy is substantial enough to mislead or prejudice a party.

  • Example A: Financial Records

    During an audit of a small business, the accountant discovers that the total amount of sales recorded in the company's internal ledger for the month of June is $5,000 higher than the total deposits shown on the bank statements for the same period. This $5,000 difference represents a variance between the company's recorded sales and its actual bank deposits, prompting further investigation to reconcile the figures.

  • Example B: Witness Testimony

    In a criminal trial, a witness testifies that they saw the defendant leave the scene of the crime in a red car. However, a sworn statement the same witness gave to the police immediately after the incident described the car as blue. This inconsistency in the description of the car constitutes a variance between the witness's initial statement and their later testimony, which could impact their credibility.

  • Example C: Contract Specifications

    A construction contract for a new office building specifies that all interior doors must be made of solid oak. Upon inspection, the client discovers that the contractor has installed doors made of a less expensive, hollow-core wood with an oak veneer. This deviation from the agreed-upon material represents a variance from the contract's specifications, potentially leading to a dispute.