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(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.

Table No. 1. Land Use Procedure(s) Summary

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.)