• videocam Live Webinar with Live Q&A
  • calendar_month October 22, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Real Estate - Transactions
  • schedule 90 minutes

Special Use Permits and Variances in Real Estate Development: Key Differences, Approval Process, Risk Mitigation

About the Course

Introduction

This CLE webinar will provide a comprehensive overview of how to obtain variances and special use permits in connection with real estate development. The program will focus on key differences, when each should be requested, and how to navigate the administrative process and the hearings that are almost always required. Best practices will be identified to maximize success in any associated litigation.

Description

In real estate development, not every project will be able to comply with the municipality's zoning ordinances. Therefore, relief in the form of a use or area variance must be sought. Separately, there are instances when zoning designates certain uses as special permitted, requiring a special use permit (also a special exception or conditional use permit) to be issued by a municipal board in order for such a use to be developed.

Often, variances are sought because the physical characteristics of the real property limit a site's development and a request to deviate from what is mandated by the applicable zoning must be sought. For example, an oddly shaped lot may not allow for the minimum setback required by the zoning and an area variance would need to be requested to enable the lot to be buildable. If no reasonably economically productive use of property can be undertaken due to no fault of the property owner, then a use variance would be sought to enable the property to be productively developed. For example, if residentially zoned property cannot be developed for residential use, then a use variance would be sought to allow non-residential development.

Real estate counsel should understand key differences between special exceptions, area variances, and use variances, under what circumstances to request which type of relief, and the criteria to obtain the relief requested since each varies. Counsel should also know how to navigate the administrative process, including public hearings, and how to create the best administrative record to defend an approval if challenged and to appeal a denial.

Presented By

Steven Barshov
Founder
SBarshovLaw PLLC

Mr. Barshov’s areas of specialization include land use law, environmental law, local government law, real estate, as well as related litigation. Having represented numerous developers, businesses, municipalities, and community organizations in more than 30 years of practice, Mr. Barshov has handled projects of all sizes — from a large master planned community of 1195 units with a commercial center, to a small 3-unit subdivision, both inside and outside New York City. He has litigated in the U.S. Supreme Court; in federal courts in the Second, Fifth and Tenth Circuits; and at the New York Court of Appeals, Appellate Divisions, and trial courts in multiple counties. Mr. Barshov has been qualified as a land use law expert witness in Supreme Court, Nassau County. He has written and lectured extensively in his areas of expertise. Mr. Barshov is an adjunct Professor of Law at Brooklyn Law School where he has taught Land Use Law, State and Local Government Law, and Real Estate Practice.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, October 22, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction

II. Area variances, use variances, and special use permits

             A. Which form of relief to request: key differences

             B. Under what circumstances to request relief 

             C. Approval criteria for each

             D. Application/approval process and typically required submissions

             E. Hearing strategies

             F. Creation of the best administrative record

III. Best practices to maximize success in any future litigation; common pitfalls to avoid

IV. Key strategic takeaways

The program will review these and other key issues:

  • How do variances and special use permits vary?
  • Under what circumstances would each be requested?
  • How do the criteria to obtain each form of relief vary?
  • What are best practices for navigating the approval process when requesting relief and for minimizing the risk of future litigation?