Legal Question in Real Estate Law in California

what is a major variance as it applies to land use


Asked on 9/19/12, 1:06 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe each county can determine by ordinance,perhaps even by policy, within reason, what constitutes a "major variance." Once the distinction is set up, it can have fairly significant consequences for how the variance approval process may be conducted. I think minor variances are considered "ministerial" and thus can be processed by a clerk upon presentation of properly filled-out application papers. On the other hand, a major variance is discretionary, not ministerial, in nature, and the application must be reviewed for consistency with other laws, ordinances and policies, and one or more decision-makers must form an opinion as to the lawfulness or appropriateness of the proposed variance.

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Answered on 9/19/12, 1:27 pm


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