What makes a variance suitable?

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Guga

April 28, 2025 20:49

From NCARB's Guidelines, PA objective 2.2:
"... Recognizing situations where a special exception or variance is suitable..."

What do you understand by suitable?

A. The applicable zoning allows for a variance submittal process.
or
B. The architect determines that the variance is the best option considering the project schedule, budget, or circumstance (e.g. a setback incompatibility is found just before the bid phase).

Where can I find information on when a variance is suitable (either by law or by decision)?

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  JCorrington April 29, 2025 15:13

  You have the answer there, point B. The architect determines that the variance is the best option considering the project schedule, budget, or circumstance (e.g. a setback incompatibility is found just before the bid phase).

  "Best option considering the project schedule, budget, or circumstance." You want to make the client happy. That means stick to the schedule and budget. However the client is also the only one who can extend the schedule or enlarge the budget. If the client really wants a waterslide in their front yard, sure you can spend a month trying to get them a variance as long as they're willing to pay for your time.

  The final check would be "does the variance endanger the 'health safety and welfare' obligation of the architect, or violate other code that would supersede the local code (ada, ibc)?"

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  ArqDavid April 30, 2025 01:46

  Hello,

  you need to understand the "why".

  See below, form a local zoning, for your reference.

  

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  Guga May 01, 2025 22:11

  Thanks, JCorrington. Option B was my choice as well. I'm just having a hard time finding out under what circumstances the AHJ allows it.
  ArqDavid's reply (thanks, David!) gave an excellent example of how the variance may be admitted, according to that specific zoning code he referred to.
  
  The problem is, it appears to be always regulated at the city level.
  Can we assume all US AHJs admit applications for variance (based on hardship, practical difficulty, or other criteria)?

  If we can't, see question below (from the PjM practice exam), appealing for variance is the correct answer. What if that AHJ simply does not admit variances at all?
  
  Also, IMHO, a wrong anticipation of a right-of-way by the architect wouldn't constitute Hardship or practical difficulty; it seems more like an error.
  
  

  

   

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  JCorrington May 01, 2025 22:30

  I don't know if every AHJ allows variances. But for the exam you can assume they do. You can also assume the fire marshal may allow variances in the IFC. The IBC and ADA are set in stone.

  The reason B is the correct answer, is because the other answers are worse.

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  Guga May 01, 2025 22:36

  Thanks, JCarrington,

  Yes, I picked B by eliminating the other options, thus assuming that the AHJ in case would allow for variance.
  
  

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