Town of Prosper - Procedures

Variance

Description Development projects in the Town need to comply with a variety of standards in the zoning regulations. Sometimes, dimensional standards, such as building setbacks from lot lines, can have the effect of prohibiting or severely restricting the use of a particular property. In those instances, a property owner can submit a variance application.

Variances are reviewed on a case-by-case basis by the Board of Adjustment. In determining whether to approve or deny the petitioner’s application, the Board must consider prior court precedent, state statutes, and the Town's zoning regulations. The petitioner has the burden of proof during the review process (i.e., the application and during the public hearing) to clearly demonstrate the request 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.

Decisionmaker The Board of Adjusment makes the final decision

Appeals The Board's decision can be appealed to circuit court.

Application Fee

$250.00

Submittal Deadline

Application submittals and resubmittals may be submitted through the Online Application Portal (i.e. Citizen Self-Service Portal) any time during the week until 5 p.m. on Thursday. Any application submitted after 5 p.m. on Thursday will be placed on the next week's submittal list. Only the applications received by 5 p.m. on Thursday that include all required materials will proceed through the review process.

Frequently Asked Questions

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The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

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If I submit an application and it is not approved, can I get my application fee back?

Application fees are not refundable. They are intended to cover the costs necessary to review the application.

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What happens to a variance when a property is sold?

If a variance has been approved, the approval runs with the land. This means that a variance will continue in effect as the property is transferred from one owner to the next. All terms and conditions of the variance remain unchanged and apply to the current and future property owners.

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The Board of Adjustment approved a variance similar to the one that I will be requesting. Can I assume my application will be approved as well?

No, not necessarily. In making their decision, the Board of Adjustment must apply a set of criteria based on the particular circumstances of the request. Because no two zoning cases are exactly the same, the outcomes may be quite different.

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Can I contact one or more of the members serving on the Board of Adjustment to run some ideas by them? It would certainly help me prepare my application.

No. The members on the Board of Adjustment are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.

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How do I submit an application?

All applications must be submitted using Prosser's Citizen Self Service (CSS) Portal. CSS can also be used to make payments and keep track of your application during and after the review process.

View all Frequently Asked Questions

About Reviewers

The following are involved in the review of this type of application.

The Board of Adjustment is comprised of five regular members with two alternates and hears and determines appeals of administrative decisions, petitions for variances, and other matters as may be required by the Town Council or by law.

Planning staff provides technical support to the Town Council, Planning & Zoning Commission, Board of Adjustment, developers, neighbors, and other interested parties to facilitate the development review process.

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MapLink™ | Procedures | Variance

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Town of Prosper, TX

MapLink™ | Procedures | Variance