Variance of Adjustment

Variance Adjustment Application

The Utah State Code states in Section 10-9-707 (2) (a) and Spanish Fork Zoning Ordinance, Section 15.3.08.040 outlines the standards, or conditions, for approving a variance. Under State Statute and Spanish Fork City Ordinance, the Appeal Authority may grant a variance only if ALL of the conditions are met. If all five (5) conditions are not met, the Appeal Authority is compelled by law to deny the request for a variance. The conditions for approval of a variance are:

1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance.
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 the zoning ordinance is observed and substantial justice done.

The Utah Supreme Court decision of Chamber v. Smithfield City (714 P2d 1133) contains the standards of case law for granting variances, including no self-created hardships, no grant of special privilege, and the limited use of variances. This means that if the variance request is self-created then the Appeal Authority needs to deny the request.

REVIEW PROCEDURES

The Appeal Authority will hold a public meeting on the application. Prior to the meeting, a notice will be provided to all adjacent property owners postmarked at least 10 days prior to the meeting date.

The applicant and interested parties will be permitted to address the Appeal Authority and express any concerns or support for the request.

The Appeal Authority will consider the recommendation of the City Planner, with the information provided by the applicant and interested parties at the meeting both for and against the request. The Appeal Authority may approve, approve with conditions, or deny the request.

PUBLIC MEETING COURTESY

1. When speaking to the Appeal Authority, please stand, speak clearly into the microphone and state your name and address. Please speak slowly for the benefit of the city recorder. Speakers are encouraged to focus on pertinent issues, and avoid repetition.
2. Speakers and audience members are asked to behave politely.
3. Exhibits (photos, petitions, etc.) given to the Appeal Authority become the property of the City.
4. Please turn off all cellular phones, beepers, pagers or other noise making devises.