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