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
Mr. Barshov focuses his practice in land use law, environmental law, local government law, and real estate, as well as related litigation. Having represented numerous developers, businesses, municipalities, and community organizations in more than 40 years of practice, Mr. Barshov has handled projects of all sizes. He has litigated in the U.S. Supreme Court in federal courts in the Second, Fifth and Tenth Circuits, at the New York Court of Appeal, 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 brings to any project a wide range of skills, including drafting complex real estate transactional documents, obtaining land use and related project approvals, undertaking required environmental analysis, and culminating in litigation when necessary. Mr. Barshov first practiced law in Santa Fe, N.M., where in addition to being in private practice, for almost a decade he was GC to the New Mexico Municipal League. Upon returning to New York, he opened his practice, with substantial work for the City of Yonkers including rewriting much of the Yonkers City Code and representing the Yonkers Charter Revision Commission. Mr. Barshov has written and lectured extensively in his areas of expertise and was an adjunct professor of law at Brooklyn Law School, where he taught land use law, state and local government law, and real estate practice.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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?
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