18.15.090 Minor variance.
(A) Purpose. The purpose of the minor variance procedure is to allow for up to a maximum 20% variation from a development standard or dimension requirement of this title where a practical difficulty, unnecessary hardship, or a result inconsistent with the general purposes of this title would occur from its strict and literal interpretation, and enforcement.
(B) Application. An application, on a form provided by the City and signed by the property owner, shall be submitted to the Zoning Administrator along with the following:
(1) Specify the minor variance(s) that is being requested;
(2) Include plans and other pertinent information;
(3) Include the reasons for granting the variance request as they pertain to the hardship criteria outlined in SLCC 18.15.060(C); and
(4) Written acknowledgment to the notification of the requested minor variance(s) from each adjacent property owner, even if separated by a public right-of-way.
(C) Procedures. At an open meeting the Zoning Administrator shall consider the minor variance(s) request as permitted by SLCC 18.10.040(C)(3).
(D) Action. The Zoning Administrator, upon finding that the variance request does not exceed a 20% reduction or increase in a development standard or dimension required by this Code and can determine that the request complies with the four hardship criteria established in SLCC 18.15.060(C), may approve the minor variance(s).
(E) Appeal of Decision. In the event the Zoning Administrator approves, approves with conditions or denies an application for a minor variance(s) filed pursuant to these regulations any person may appeal that decision in writing, including any required appeal fee, within 15 days of the decision and request that the minor variance be placed on the agenda of the next regularly scheduled Board of Adjustment meeting.
(F) A minor variance may not grant a variance to allow a less restrictive use or other use not permitted in the applicable district. A minor variance request must be compatible with the general purpose and intent of this title and the General Plan upon which it is based, so that the spirit of this title and the General Plan shall be observed, public safety and welfare secured, and substantial justice done not only to the applicant but to others who might be affected by the granting of the minor variance.
Requested Action | Public Notice/ Citizen Review | Zoning Administrator | Planning & Zoning Commission | City Council | Board of Adjustment |
---|---|---|---|---|---|
General Plan amendments | Yes/No | Reviews & recommends | Recommendation only | Decision making | |
General Plan annual review | No/No | Reviews & recommends | Recommendation only | Decision making | |
Property rezoning requests | Yes/Yes | Reviews & recommends | Recommendation only | Decision making | |
Ordinance text amendments | Yes/No | Reviews & recommends | Recommendation only | Decision making | |
Site plan review | No/No | Decision making | |||
Conditional use permits | Yes/No | Reviews & recommends |
Decision making | ||
Temporary use permits |
No/No |
Decision making | |||
Appeal of Zoning Administrator decisions | No/No | Decision making | |||
Variance requests | Yes/No | Reviews & recommends | Decision making | ||
Minor variance requests | No/No | Decision making | |||
Minor lot divisions | No/No | Decision making | |||
Preliminary plats | No/No | Reviews & recommends | Decision making | ||
Final plats | No/No | Reviews & recommends | Recommendation only | Decision making | |
Protected development rights plans | Yes/No | Reviews & recommends | Recommendation only | Decision making |
(Ord. 312 § 2(3.8), passed 4-11-2012. Code 2012 § 152.048.)