Wednesday, October 17, 2012
Professor Salkin has written a short intro to the law of variances which may be found here. It is an excellent overview but remember that our state statute is very restrictive and its terms must be met in order to legally obtain a variance. Professor Salkin speaks generally in the article but not only are use variances likely illegal here in Tennessee, but even getting an area (or bulk) variance is quite difficult here. The applicant must show some exceptional physical condition of his/her land which is different from his/her neighbors. Without some exceptional physical condition, any variance granted is likely illegal and could be overturned by a court of law.