Save Our Canyons v. Board of Adjustment of Salt Lake County

Utah Court of Appeals

2005 UT App 285, 116 P.3d 978

     A variance may be granted only if all of the following five criteria listed in the Utah Code support a finding that the zoning requirement should be modified. 

  1. literal enforcement of the ordinance would cause an unreasonable hardship;
  2. there are special circumstances attachd to the property;
  3. granting the variance is essential to the enjoyment of a substantial property right;
  4. the variance will not substantially affect the general plan and is not contrary to the public interest; and
  5. the spirit of the zoning ordinance is observed.

Full Text of Save Our Canyons v. Board of Adjustment of Salt Lake County

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