Chapter 17.105
VARIANCES
Sections:
17.105.010 What this chapter does.
17.105.010 What this chapter does.
This chapter establishes the process for property owners to seek variances to the provisions of this title as defined by Section 10-9-707, Utah Code Annotated 1953, as amended. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.1)].
17.105.020 Purpose.
The purpose of this chapter is to provide a legal method for persons who are seeking relief through the granting of a variance from the specific provisions of the land use regulations that may apply to real property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.2)].
17.105.030 Variances.
Variances provide potential relief for landowners whose property may have some special condition or unique physical characteristic whereby a strict enforcement of this title will result in unnecessary hardship and deprive that landowner of privileges, rights or benefits that are possessed by other properties within the same district. The variance process does not change the zoning of a property but may waive or modify standards contained in this title as applied to the property. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.3)].
17.105.040 Application.
Only property owners, lessees or their duly authorized agents shall make application for a variance on forms provided by the planning department. No variance application may be processed without the submission of the application, all the supporting materials as required by section, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The following supporting materials shall be submitted with all variance applications. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Recorded Plat. The existing recorded plat shall be submitted.
2. Plot Plan. Plot plans showing the location of the existing building(s) on the lot; existing building(s) on adjoining lots; proposed building(s) (if any); and any dimensions or other information that clearly shows the proposed variance.
3. Written Explanation. A written explanation as to why the property qualifies for the variance based upon all the criteria defined in this chapter and in Section 10-9-707, Utah Code Annotated 1953, as amended.
4. Public Notice. Addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) of property owners located within 600 feet of the proposed variance (including a minimum of at least 25 adjacent property owners).
5. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.4)].
17.105.050 Approval process.
A. Upon receipt of a complete application, the planning director shall set a date for the planning commission to consider the request for a variance. Upon receipt of a complete application, the planning director shall schedule the application for a public hearing before the planning commission. The planning director shall cause all property owners within 600 feet of the boundaries of the proposed application area (including a minimum of at least 25 adjacent property owners and affected entities if there be any) to be notified by first class mail of the time and place of the public hearing at least 10 days prior to the planning commission meeting. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing.
B. Prior to the planning commission meeting at which the variance application is scheduled to be heard, the planning director shall transmit the application materials together with a written analysis of the variance application, pertinent facts, a review of applicable regulations and a formal staff recommendation to the planning commission.
C. The planning commission shall consider the variance request, together with all pertinent facts, applicable regulations and the staff recommendation and shall take action to approve, approve with modifications, disapprove or request further information prior to rendering a final determination on the variance application. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.5)].
17.105.060 Approval criteria.
A. Approval Criteria. The planning commission shall not approve, even with modifications, a variance application unless it finds the following:
1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title.
2. There are special circumstances attached to the property that do not generally apply to other properties in the same district.
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district.
4. The variance will not substantially affect the general plan and will not be contrary to the public interest.
5. The spirit of this title is observed and substantial justice is done.
B. Determination of Hardship. In determining whether or not enforcement of this title would cause an unreasonable hardship, the planning commission may not find an unreasonable hardship unless it alleges that the hardship:
1. Is located on or associated with the property for which the variance is sought; and
2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
C. Determination of Special Circumstances. In determining whether or not there are special circumstances attached to the property, the planning commission may find that special circumstances exist only if they:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same district.
D. Approval Parameters.
1. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
2. Variances run with the land.
3. In granting a variance, the planning commission may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified. [Ord. O-23-2005 § 3 (Exh. 1(1) § 21.6)].