Question 18

The owner must apply for a variance.

A variance is a request to deviate from current zoning requirements, allowing the owner to build closer to the street than the regulations permit due to the hardship caused by the property's terracing.

A) restrictive covenant

A restrictive covenant is a legal obligation imposed in a deed or lease that restricts how a property can be used. It does not address the need for exceptions to zoning regulations; therefore, it is not applicable in this scenario.

B) conditional use permit

A conditional use permit allows a property to be used in a way that is not typically permitted within the zoning district, but it is not appropriate for situations where a property owner seeks to alter the dimensional requirements of their property, such as the setback from the street.

C) nonconforming use permit

A nonconforming use permit applies to properties that were allowed to operate under previous zoning laws but do not comply with current zoning regulations. In this case, the owner is seeking to change the property’s compliance, not maintain a pre-existing nonconformity.

D) variance

A variance is the correct option as it specifically allows property owners to seek permission to deviate from zoning regulations due to unique circumstances, such as the hardship experienced from the way the property is terraced.

Conclusion

The variance is essential for this situation as it directly addresses the owner's need to build closer to the street due to specific hardships related to the property’s terrain. Other options, such as restrictive covenants, conditional use permits, and nonconforming use permits, do not provide the necessary relief from zoning restrictions in this context. Thus, the variance is the only appropriate course of action.