My official case for variance · Feb 6, 01:11 PM
So, I’ve paid my $780 application fee, $40 worth of envelopes, labels, and stamps for public notice, and finished the application itself. I had to prepare a plat map (below) as well as elevation drawings which would have been even more money if I didn’t already know how to draw those things.
And I submitted my application for variance. Here are my answers to the questions the city posed on their form…
- Describe your proposed construction and how it does not meet the City’s Zoning Ordinance.
I currently do not have any type of garage or carport. I propose to build a two-car garage according to title 89-3-307 which states that every residential home should have a fully enclosed two-car garage. However, in order to
accomplish this I will violate title 89-3-303 which states that I need to have an 8 foot setback on my side yard. In order to comply with title 89-3-307 I will need a variance of 5 feet which will allow me to have a setback of 3 feet on the south side of my property. I currently maintain a 10 foot setback on the north side of the property.
- Cite the section of the Zoning Ordinance that prevents your proposed construction from meeting the zoning requirements.
Title 89-3-303 Lot and bulk standards. R-1-6 Zoning requires a 6,000 sf lot area, a 70’ minimum lot width, a 25’ minimum front yard setback, a 20’ minimum back yard setback, and an 8’ minimum side yard setback. My proposed garage construction would encroach on the minimum 8’ side yard setback on the south side of the property by 5 feet.
- What special circumstance(s) associated with the property prevent you from meeting the zoning requirements?
Zoning requirements state that I should have a 70’ wide lot and mine is only 69’. The Zoning requirements also state that I should have a two-car garage. The narrowness of the lot prevents me from complying with this requirement without encroaching on the Zoning Requirement for setbacks. In addition, the back half of my lot is about 3’ lower than the front half of my lot which prevents me from building a detached garage at the rear of my property as per Title 89-5-502 relating to not allowing storm water to drain towards a garage entrance. By building the garage attached to the house, no such drainage problem would exist, but would require this variance allowing a 3 foot setback on the south side of the property.
- Explain how literal interpretation of the Zoning Ordinance causes an unreasonable hardship.
Literal interpretation of the Zoning Ordinance as it applies to setbacks would prevent me from conforming to the Zoning Ordinance which requires me to have a two-car garage. The unusual narrowness of the lot and the original design of the house make it impossible to comply with both ordinances and prevent me from enjoying the same privileges my neighbors have with their two-car garages. Additionally, because I don’t have an enclosed garage like many of my neighbors I have had my cars broken into twice in the past seven years. Conforming to the two-car garage ordinance would have decreased my chances of those break-ins and according to the city’s “Broken Window” Theory (as found on the West Jordan City Website under “public safety” and attached hereon) when opportunities for crime decrease, public safety in the area increases.
- Explain what special circumstances exist on the property, which do not generally apply to other properties in the same zoning district.
Nearly 90% of the properties in this Zoning district meet the standard requirements as it pertains to Lot and Bulk Standards with widths of 70’ and greater. Mine is one of those that do not meet that standard and is narrower than the other lots in the district and narrower than even the current zoning requirements allow. This parcel of land that our district sits on was subdivided long before I moved into the area, and long before the City of West Jordan annexed it from the county. I had no control over either the size of the property nor the design of the home. The narrowness of the lot prevent me from enjoying the privilege that my neighbors enjoy of a two-car garage.
- Will granting the variance be essential for the enjoyment of a substantial property right possessed by other property in the same area?
Yes. Other property owners in the district enjoy the right to a two-car garage. Their lot sizes and home designs fit well within the requirements to conform to the current zoning ordinances. Without this variance for a 3 foot setback on the south side of the property I will not be allowed to enjoy the property right of a two-car garage that the rest of my neighborhood enjoys.
- How will granting a variance not substantially affect the general plan and not be contrary to the public interest?
As I understand it, the general plan is to ensure a uniform neighborhood as it pertains to the look of the house, the position on the property, and the rights that each property owner should enjoy. By granting this variance I believe that all of those ideals will be maintained. I will maintain a ratio of open-space equal to that of the wider lots and at the same time conforming to a requirement to have a two-car garage which will keep my home uniform with my neighbors who already meet this requirement, thereby increasing the value of the homes around me and keeping the aesthetics of the neighborhood in tact. Having a two-car garage will decrease the number of cars on the street at any given time thereby increasing visibility on the roads for pedestrian and other traffic; while at the same time also decreasing the opportunity for crime in the area. All of these combine to increase public safety and maintain the general plan of the area, creating a win-win situation for both me and my neighborhood.
- Explain how granting a variance will meet the intent of the Zoning Ordinance and how substantial justice has been achieved.
By granting a variance for a 3 foot setback on the south side of my property you will be allowing me to meet the requirements of another ordinance which states that I should have a two-car garage. This will bring my property more in-line with the uniformity of my surrounding neighbors and the overall zoning district. This will afford me the property right that many in my district enjoy already. Justice will be served by bringing my property into compliance with the two-car garage requirement and thereby making it more uniform to those properties around me.
— Steve Harward
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