5.7 Variance

Variances from the provisions of the Code may be granted by the Board as per Utah Code, section 10-9-707, as amended, whenever a strict or literal application of the provisions of this Code would create a hardship on the owner of the subject property that is unique to that property. Variances shall be granted when the strict application of this Code would: (a) Deprive the owner of the property in question of the substantial property rights and privileges available to others owning similar property within the same zone, and (b) The deprivation results from conditions on the property, including irregular lot size, lot shape, access, presence of easements or rights-of-way across the property including non-platted but existing public streets, or similar factors not of general application to other properties in the zone, and not from conditions created by the applicant, and (c) The granting of the variance would not be detrimental to the public health and safety or contrary to the General Plan of the Town, and strict adherence to the letter of the Code will cause hardships, the imposition of which are not necessary in order to carry out the general purpose of the plan.