What Is a Variance on Ono Island?

In plain language, a variance is a formal, property-specific exception considered by the Ono Island Architectural Control Committee, commonly called the ACC.

According to the variance materials I reviewed, the ACC may consider relief when special conditions affecting a particular property mean that literal enforcement of an ACC rule would result in an unnecessary hardship. Any relief must remain consistent with the spirit of the rules, respect the interests of surrounding owners and serve substantial justice.

A variance is not permission to ignore the covenants. It is not a way to make a project larger simply because an owner prefers more space. It is not automatically justified because a compliant design costs more, and it is not guaranteed because a neighboring property appears to have received similar treatment.

Most importantly, the attached rules state that a variance cannot be used to approve a use or structure in an area where that use or structure is otherwise prohibited. A variance may provide narrow relief from an applicable standard; it cannot rewrite the fundamental restrictions governing the property.

Why Does Ono Island Allow Variances?

Ono Island contains an extraordinary variety of properties. Some lots are narrow, shallow, curved or irregularly shaped. Others may have unusual topography, shoreline geometry, wetlands, drainage considerations, existing improvements or other site-specific constraints.

If every architectural requirement were applied without considering exceptional physical conditions, a rule that works perfectly well for most properties could occasionally create an unnecessary hardship on a unique lot.

The variance process gives the ACC a structured way to consider those unusual situations. It also protects surrounding owners through supporting documentation, notice and a public hearing.

That balance is the heart of the process: provide reasonable relief when justified, while preserving safety, property values and the character of the island we are all so fortunate to enjoy.

What Circumstances May Support a Variance?

The attached Ono Island variance rules require an application to identify at least one recognized basis for consideration.

The existence of one of these conditions does not guarantee approval. The applicant must still demonstrate how the condition creates a genuine hardship, why the requested relief is appropriate and how the proposal will protect neighboring properties and community interests.

Examples of Permits and Variances

The following examples are hypothetical and are intended to explain the distinction. They should not be interpreted as a prediction that any particular project or variance will be approved.

“But My Neighbor Has One” Is Not Enough

The attached rules are very clear that a variance will not be granted merely because a similar variance may have been approved for another property. Every lot and every request is considered individually.

A neighboring property may have different dimensions, setbacks, shoreline conditions, topography, governing documents or previously approved plans. An improvement may predate a current rule, or what appears to be the same situation from the street may be quite different on the survey.

I would never advise an owner or buyer to rely on appearances alone. If a future plan is important, we need to understand the actual property, the current documents and the approvals applicable to that specific lot.

What Must a Variance Request Protect?

Even when a hardship exists, the attached rules provide that a variance request must not:

• Impair an adequate supply of light and air to adjacent property.
• Increase the danger of fire.
• Imperil safety.
• Unreasonably diminish or impair established surrounding property values.
• Otherwise impair the health, safety, comfort or general welfare of Ono Island residents.

This is why the process considers more than one owner’s proposed design. The ACC must also weigh safety, the effect on neighboring properties and the broader interests of the island.

What May Be Required with the Application?

The attached checklist identifies the following materials:

• A complete Ono Island ACC Variance Application.
• The applicable variance application fee.
• An Agent Authorization Form if someone other than the owner applies.
• A complete ACC Permit Application.
• A current plot plan and survey.
• Dimensions and locations of existing structures.
• Dimensions and placement of the proposed structure.
• Setbacks from the property lines.
• Approved and signed state or federal permits when applicable.
• Approval from an active neighborhood association, board or committee when applicable.
• Any additional information deemed necessary to complete the review.

Depending upon the proposed work, an owner may need help from a surveyor, architect, engineer, builder, environmental consultant or permitting professional. I believe in involving the right people early, while there is still time to make thoughtful design decisions.

For more information about planning and building locally, visit my Gulf Coast building and new-construction guide and my collection of articles about home building on Ono Island .

What Other Costs May Be Incurred?

The variance fee may be only one portion of the total expense. Depending upon the property and proposed improvement, an owner may also incur costs for:

• A boundary, topographic or improvement survey.
• A scaled plot plan or detailed site plan.
• Architectural and construction drawings.
• Engineering, drainage or elevation information.
• Wetland delineation or environmental consultation.
• County, state or federal permit applications.
• Builder or design-professional consultations.
• Plan revisions requested during review.
• Separate ACC permit, construction or compliance fees.
• Applicable neighborhood-association review fees.

These costs are property- and project-specific. A well-prepared owner should obtain current written estimates and allow a contingency for additional documentation or design revisions.

Why Prospective Buyers Should Understand Variances

A potential variance can affect what may reasonably be built, expanded or altered on a property. It can influence the buyer’s architectural plans, construction budget, financing, timetable and future resale expectations.

If the buyer’s intended use depends upon a variance, I encourage a careful investigation before the purchase becomes unconditional. Depending upon the circumstances and the advice of the appropriate professionals, the buyer may wish to explore:

• Whether the proposed improvement actually requires a variance.
• Whether a compliant alternative design is available.
• Whether the seller will cooperate with a pre-closing application.
• Whether the prospective buyer is permitted to apply before becoming the owner.
• Whether an Agent Authorization Form will be required.
• Whether an appropriate due-diligence or approval contingency may be negotiated.
• How long ACC review and outside permitting may take.
• What happens if the variance is denied or approved with conditions.
• Whether the buyer would still want the property without the requested relief.

These questions should be coordinated with the Ono Island POA, qualified design and permitting professionals, and the buyer’s real estate attorney. I can help organize the real estate due-diligence process and connect the appropriate conversations, but only the ACC can grant an Ono Island variance.

What If a Home Already Has a Variance?

If a property appears to have an improvement that would not ordinarily comply with a current standard, I recommend looking for the written approval rather than assuming a variance exists.

A thoughtful review may include:

1. Does the current survey show the improvement accurately?
2. Is there a written variance decision associated with the property?
3. Were conditions or special provisions attached to the approval?
4. Were the required permits issued for the work?
5. Does the completed improvement match the approved plans?
6. Were required final inspections or compliance documents completed?
7. Are additional neighborhood covenants applicable?

An approval for an existing structure should not automatically be interpreted as permission for future enlargement, reconstruction or a different improvement. The scope and wording of the actual approval matter.

Why Homeowners Should Understand the Difference

A variance issue may arise when planning a new residence, an addition, accessory structure, swimming pool, fence, driveway change, dock, boathouse or another exterior improvement subject to ACC requirements.

Understanding the process early can help owners avoid:

• Paying for detailed plans that cannot be approved.
• Ordering materials before authorization is received.
• Scheduling builders or subcontractors prematurely.
• Beginning work that creates a compliance problem.
• Assuming a neighboring property establishes a precedent.
• Discovering too late that outside permits are also required.
• Confusing variance approval with permission to begin construction.
• Marketing a proposed improvement as though approval were guaranteed.

My advice is simple: obtain every approval in writing before work begins. Keep the variance decision, approved plans, permits, surveys and related correspondence with the property’s permanent records.

A Variance Is a Possibility—not a Promise

The most important takeaway is that an Ono Island variance is a formal, discretionary exception considered on the individual merits of a property and request.

Approval is not guaranteed by paying the application fee. It is not guaranteed because another owner received something similar. It is not intended merely for convenience, and it cannot authorize a fundamentally prohibited structure or use.

A permit serves a different purpose. It authorizes work after the applicable reviewing authority determines that the proposed plans satisfy its requirements. When a project requires both, the owner must receive the variance and obtain the necessary permits before construction begins.

When approached thoughtfully, the variance process can provide reasonable relief for an unusual property while respecting neighboring owners, safety standards and the community character that makes Ono Island so special. That, to me, is the true purpose: fairness for the individual property, balanced with good stewardship of the island we are blessed to call home.