I was thinking of adding a small addition to my house but my neighbor says I will probably need a variance. What is a variance?

The use of property throughout the city is covered by zoning ordinances adopted by the city's governing body. The zoning ordinances cover the use of property and the sideline, setback, and dimensions of the buildings that may be built on a property. For instance, in some neighborhoods two family houses may be built and in others only single-family houses may be built. The zoning ordinance will dictate how far back from the property line a house must be built. Most neighborhoods outside the immediate downtown area of the city of Boston have been annexed over the years. There are 14 similar neighborhood codes plus 18 different codes for downtown and the waterfront in the Boston Zoning Code. Your neighbor might have been referring to a setback line in the zoning bylaw which would prohibit you from building an addition within that area. Zoning ordinances are intended to be applied uniformly within a zoning district. However sometimes there are special physical attributes that would permit the Zoning Board of Appeals to grant a variance  from the zoning bylaw in order to permit a particular use. For instance, if the area immediately behind your house was ledge and no other houses were behind you, the encroachment into that area for an addition would not have any impact on your neighbor to the rear and by granting you a variance would not be injurious to the zoning in your neighborhood and would be harmonious with the intent of the bylaw because of those unique circumstances. There are several procedural steps that you have to go through in order to obtain a variance. First, you need to file a building application with the Office of Inspectional Services at 1010 Mass Ave.. If you need a variance you will get a denial letter from the Inspectional Services Office and then you can appeal that decision to the Zoning Board of Appeals to get a variance. The Zoning Board of Appeal has published on the city's website a Guide to the Zoning Board of Appeal process which is quite informative and lays out the procedure nicely. It also gives you to contact information once you get the process started. Since the zoning is all about neighborhoods, you will be required to meet with neighborhood groups and representatives prior to the hearing before the Zoning Board of Appeals. If you can get those folks on board with what you want to do, the likelihood is that you will prevail. On the other hand, if those folks do not feel that your use of the property will be meritorious to the neighborhood, it is likely that you will not get the variance.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.