Variance Request

Purpose

The Construction Board of Appeals, and/or Board of Adjustment may hear Variances to permit Variances or zoning Variances, including modifications of height, yard, area, coverage, and parking regulations, subject to finding the Variance meets all four of the following criteria:

• Special circumstances are existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other properties in the same area and the same zoning district.
• That a Variance is necessary to permit the applicant the same rights in the use of this property that is presently enjoyed under the Ordinance, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made.
• That the granting of the Variance on the specific property will not adversely affect the land use pattern as outlined by the Land Use Plan and will not adversely affect any other feature of the Comprehensive Plan of the Town of Prosper.
• That the Variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment, or value of property in the vicinity.

Required Forms & Exhibits

All requests are submitted online via the Citizen Self Service (CSS) Portal (Link) and shall be submitted per the development schedule.

• Owner Acknowledgment Form (PDF) - For Property owners, you must provide the deed to the property to verify ownership. For Third Party representation, you must provide documentation that you are an authorized signer for your business.
• Current Tax Certificate (PDF)
• dwg and .pdf files of all plat/plans and exhibits
• Letter of Intent (PDF)
• Signed checklist. (PDF)
• Exhibits

Approval Body

Special Purpose Signs District are approved by Town Council.

Fees

$500.00

Checklist

The following checklists is not intended to be a definitive list of all information. Items listed in bold and marked with an “*” are required information. Submittals shall be rejected if denoted items are not included. 

• An exhibit (Exhibit A) showing the Variance being requested*
• A list of the above criteria and an explanation of how the request satisfies each of the criteria*
• A survey of the subject property showing property dimensions, building locations, setback dimensions, and other applicable information*
• Photos or additional information as requested by the Town to clarify the Variance request