A zoning board grants relief from a setback requirement for one parcel. That variance runs with:
Correct Answer
C) The land, benefiting subsequent owners
Why this is correct: A variance is a permanent exception to a zoning ordinance granted to a specific parcel. As explained, once granted, it attaches to the land itself, not to a person or a temporary interest. This means the right to build within the excepted setback transfers automatically to any subsequent owner of that parcel, enhancing its utility and value. Why the other choices are wrong: 'The building itself rather than the underlying site' is incorrect because variances relate to the land's development rights, not a specific structure. 'The applicant personally only' is wrong; a personal restriction would be an 'exception' or special permit, not a variance that runs with the land. 'The lender holding the mortgage' is incorrect; a lender's security interest does not confer zoning rights, which remain with the fee simple estate. Exam tip: Remember the key phrase 'runs with the land' for variances and easements, distinguishing them from personal licenses or building-specific permits.
Why This Is the Correct Answer
Why this is correct: A variance is a permanent exception to a zoning ordinance granted to a specific parcel. As explained, once granted, it attaches to the land itself, not to a person or a temporary interest. This means the right to build within the excepted setback transfers automatically to any subsequent owner of that parcel, enhancing its utility and value. Why the other choices are wrong: 'The building itself rather than the underlying site' is incorrect because variances relate to the land's development rights, not a specific structure. 'The applicant personally only' is wrong; a personal restriction would be an 'exception' or special permit, not a variance that runs with the land. 'The lender holding the mortgage' is incorrect; a lender's security interest does not confer zoning rights, which remain with the fee simple estate. Exam tip: Remember the key phrase 'runs with the land' for variances and easements, distinguishing them from personal licenses or building-specific permits.
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