Agenda Item Title:
Title
Schneider - Variance Requests
3381 East 9980 South
[Community #29 - The Dell]
Body
Presenter:
Mike Wilcox
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Description/Background:
The applicants, Jared and Jessica Schneider (“Applicants”), have filed a request with the Sandy City Board of Adjustment for two (2) variances from the Land Development Code. Specifically, they are requesting variances from the following sections of the Code:
1) Reduced setback from the required distance of the existing home to the native sensitive area slopes of the lot (see Section 15A-15-04(A)(2)(a)).
2) Keep various walls that encroach into the restricted sensitive area lands of the lot (see Section 15A-15-04(B)(6)(f)).
These requested variances are related to a building permit issued for a single family home within an existing one lot subdivision, Schneiderville Subdivision. The property is located at 3381 East 9980 South, which is within the R-1-40 Residential Single-Family Zone and the Sensitive Area Overlay (SAO) Zone.
A full staff report is attached.
Recommended Action and/or Suggested Motion:
Recommendation
The Board should carefully consider the conditions listed above before rendering a decision on each of the requested variances (individually or collectively) and should follow the law as outlined above. As stated above, the Applicants bear the burden of proof in showing that all of the conditions justifying a variance have been met. Based upon our analysis of the letter requesting the variances and the standards and conditions required to grant a variance, we recommend that the Board deny the requests as presented or table them until the Applicants are able to present evidence and argument that the requirements for the variances are met.
If the Board is presented satisfactory evidence that these requirements have been met, staff recommend the following actions:
Staff would recommend approval of the variance request #1 of reduced setback from the designated hillside area of the ...
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