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.

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

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