A Variance Permit is the procedure used to deviate from standard requirements such as yard areas or building coverage in residential districts. State law strictly regulates circumstances under which a person receives a Variance from City standards.

The State Government Code requires all Variances to be granted only when, because of special circumstances applicable to the property, strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. These special circumstances may include size, shape, topography, location or surroundings.

Any Variance granted is subject to such conditions assuring that the adjustment does not grant special privileges that are not consistent with the limitations on other properties in the vicinity and zone where the property is located.

Variances are not granted for property that allows a use or activity that is expressly authorized by the zone regulation governing property.

Personal or economic hardship does not constitute grounds for a Variance.

The Foster City Municipal Code lists the regulations, limitations and application procedure for variances. A variance application requires that the applicant describe the property's exceptional conditions that make it difficult to comply with standards established for the zone.

In order to illustrate an appropriate variance procedure, here is an example. A person with an unusually shaped lot wants to add a room addition on the first floor. In order to build this addition to fit in with other property in the neighborhood, the applicant would have to encroach into the required rear yard because of the unusual shape of the lot. This situation would be appropriate for a variance procedure.

An explanation of the variance review process and a list of the submittal requirements can be obtained from the Planning/Code Enforcement Division at 286-3225. If you have questions regarding variances you may also e-mail the division at Planning@fostercity.org.