I want to do some improvements on my home, but I am told my house is sub-standard by todays zoning standards and I have to apply for a variance. What does that mean?
It means you may have a problem doing any kind of addition. Prior to the Kenosha Ruling (State of Wisconsin vs. Kenosha County Board of Adjustment) you could have applied for a variance for your project. Upon proving a hardship at a Board of Appeals hearing, you would have received a variance to the zoning standards. That approval would have allowed you to obtain a building permit in a non-conforming situation. The Kenosha ruling said that a variance may not be granted unless the owner has no reasonable use for the property. The literal legal interpretation of this decision is that the property owner must prove he or she cannot use their property for anything. This pretty much means if you can picnic on your property, your have a use for it and therefore a variance cannot be granted. This means your house can not be changed or altered for any reason outside the existing envelope of the home. The means you cannot build out on any side or up (for a second floor addition) if you are not i
