Home > West's Encyclopedia of American Law > Variance

The discrepancy between what a party to a lawsuit alleges will be proved in pleadings and what the party actually proves at trial.

In ZONING law, an official permit to use property in a manner that departs from the way in which other property in the same locality can be used.

The term variance is used both in litigation and in zoning law. In both instances it has the general meaning of a difference or divergence.

A party to a civil lawsuit or a prosecutor in a criminal trial must prove the allegations set forth in a complaint, indictment, or information. If there is a substantial difference or discrepancy between the allegations and the proof offered in support, a variance exists. For example, if the crime of ROBBERY is alleged and the crime of