19.03.18 Provisions for Hearing and Ruling on Variances

1. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or holds some other beneficial interest in may apply to the Hearing Examiner for a variance from the terms of Title 19. 2. Prior to filing an application for a variance with the Hearing Examiner, the applicant must have applied for a permit, or other land use approval, and have been denied such by the City or land use administrative officer or agency of the City of Saratoga Springs, based on the specific requirement that is the subject of the variance. If there were multiple reasons for denial, the approval of a variance of one requirement shall not relieve the applicant of the need to meet the remaining standards of the ordinance. The requirements of this subsection may be waived by the City Planning Director after consulting with the City Attorney to determine that the application would be required to be denied if submitted. 3. The Hearing Examiner may not hear a request for a variance unless the applicant has filed a properly completed application and paid the application fee. The application shall contain the following information: a. the requirement of the land use ordinance; b. the variance being requested; c. an explanation of why an unreasonable hardship exists; d. the special circumstances attached to the property that do not generally apply to other properties in the same zone; e. the reasons why granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; and f. all other information required by the application form. 4. The substance of the application for a variance must be a request to vary the requirements for height, frontage, lot coverage, setback, or other numerical or quantitative requirement, as distinguished from approval to have a land use that is not listed as permitted in a zone. For example, the Hearing Examiner may not grant a “use variance.” 5. The Hearing Examiner may grant a variance only if the requirements of Utah Code § 1020-1102 are met. The following is that section’s pertinent provisions, which may be amended from time-to-time by the Utah Legislature: a. The Hearing Examiner may grant a variance only if: i. literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the City’s land use ordinances; ii. there are special circumstances attached to the property that do not generally apply to other properties in the same zone; iii. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; iv. the variance will not substantially affect the General Plan and will not be contrary to the public interest; and v. the spirit of the land use ordinance is observed and substantial justice done. b. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (5)(a), the Hearing Examiner may not find an unreasonable hardship unless the alleged hardship: i. is located on or associated with the property for which the variance is sought; ii. comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and iii. is not self-imposed or economic. c. In determining whether or not there are special circumstances attached to the property under Subsection (5)(a), the Hearing Examiner may find that special circumstances exist only if the special circumstances: i. relate to the hardship complained of; and ii. deprive the property of privileges granted to other properties in the same zone. d. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. e. In granting a variance, the Hearing Examiner may impose additional requirements on the applicant that will: i. mitigate any harmful effects of the variance; or ii. serve the purpose of the standard or requirement that is waived or modified. 6. In addition to the requirements of Utah Code § 10-20-1102, the following standards shall apply: a. The Hearing Examiner shall not grant a variance greater than the minimum amount necessary to afford relief. b. Variances run with the land.