Variances

The Zoning Board of Adjustment (ZBA) has the authority to approve Variances for certain parts of DeWitt's Zoning Regulations.  The most typical Variances applied for include variances for setback requirements or a variance for the size of a garage or shed.   The Variance process is a quasi-judicial process and the ZBA must hold a public hearing at one of their regular meetings prior to considering an application for a Variance.  The City must publish a public notice of the hearing in the DeWitt Observer at least 10, but no more than 20 days prior to the ZBA meeting at which the hearing will be held.  To apply for a Variance the petitioner must fill out the a Variance Form (at bottom of page) and submit the form and $100 to the City.  The Zoning Board of Adjustment hold their meetings on the 3rd Tuesday of each month.  Applications for the Variance must be received no later than the 3rd of a month to be on that month's meeting agenda (for example to have an application on a meeting scheduled for September 16th the application must be submitted to the City by September 3rd).  If you have questions regarding Variances please call the Building Official TJ Appleby or City Administrator Steve Lindner at 563-659-3811.  Below are the criteria the ZBA is to use to judge a a variance request.  The ZBA can deny the request.

 

Variances 165.80.46 Appeals for Variances The Board shall have authority to authorize upon appeal in specific cases variances from the terms of this Chapter when the following is demonstrated by the property owner:

  1. Whenever a property owner can show that a strict compliance with the terms of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon such owner unusual and practical difficulties or particular hardships.
  2. That the variance if granted will be in harmony with the general purpose, intent and spirit of this Chapter.
  3. That the Board determines that the granting of the requested variance will not serve merely as a convenience to the applicant, but will alleviate a demonstrable hardship so as to warrant a variance from the official City plan, while at the same time, surrounding property will be reasonable protected and the proposed variance will be in character with the surrounding neighborhood.
  4. That by granting the request for a variance substantial justice will be done.
Variance Form