A variance is an exception granted by the City of Dunedin's Board of Adjustment and Appeal from the requirements of the Land Development Code (LDC). The legislative purpose of a variance is to create a procedure to provide relief from the literal terms of the LDC in certain limited circumstances where literal enforcement of the requirements would have the unintended effect of denying the applicant reasonable use of the property or the structures on the parcel. Variances cannot be used to either establish or enlarge a use which is not otherwise permitted in the zoning district.
Please see the tab under Development, Development Applications & Guidelines to an application for Variance (Board of Adjustment & Appeal).
The Board of Adjustment and Appeal shall not approve a variance unless it finds that special circumstances or conditions exist that are unique to the land, buildings, or other structures for which the variance is sought and do not apply generally to lands, buildings, or other structures in the same district. Special circumstances or conditions to be considered for variances shall include, but not be limited to, the circumstances described below:
Uniqueness - the need for the requested variance arises out of the physical surroundings, shape, topographical conditions, or other physical or environmental conditions that are unique to the specific property involved, and which do not apply generally to property located in the same zoning district.
Tree Preservation - preservation of a protected tree(s) or native tree(s), but not an invasive tree(s), as defined in § 105-42 Landscaping and § 105-43 Trees of the LDC, may be considered as a relevant environmental condition under this subsection.
Historic Property - a property which meets all of the criteria in order to be listed in the National Register of Historic Places, but is not necessarily listed on the register, may be considered unique for the purposes of granting a variance.
Self-Imposed Circumstances - conditions or special circumstances peculiar to the property must not have been self-created or have resulted from an action by the applicant, or with prior knowledge or approval of the applicant. Specifically, no variance may be granted arising from the illegal construction of a structure or an illegal use of the premises which would have otherwise required a building permit or other specific approval to be issued, and which construction or which use was commenced unlawfully. Under such conditions, the property owner shall have no legal right to apply for a variance and the board will have no legal right to grant such a variance.
Minimum Variance - the requested variance is the minimum variance that will make possible the reasonable use of the property.
Special Privilege - granting the variance will not confer any special privilege that is not allowed for other lands, buildings or structures in the same zoning district; no variance will be granted that extends to the applicant a use of property that is not commonly enjoyed by other persons in similar circumstances.
Surrounding Property - granting the variance will not substantially interfere with, or injure the rights of others whose property would be affected by approval of the variance, alter the essential character of the neighborhood, or create a nuisance.