DECISION BY THE LAND USE APPEALS HEARING OFFICER PLNZAD2013-00570- Set back variance request- Matt Soft Hearing held
This is a request for lot setbacks variances on property at 902 West Everett Avenue in Salt Lake City. This variance request came before the Appeals Hearing Officer in a hearing held on Wednesday,
December 4, 2013. Those present and participating included Matt Soft, property owner and applicant for the variance, and Everett Joyce and Nick Norris on behalf of Salt Lake City.
The variances are granted. These variances are for the reduction of the front yard and corner side yard setbacks to five feet (5') and the reduction of the rear yard and side yard setbacks to ten feet (10') subject to the condition that the reduced front and corner side yards be planted with shrubs at a minimum interval of 10 feet on center with a mature height of at least three feet or a 4-6 foot fence with a minimum of 50 percent screening where such shrubs or fence do not conflict with the relevant land use ordinance site distance standards for intersections and driveways.
This decision to grant the variances is based on the facts and evidence presented at the hearing, as well as the Appeals Hearing Officer Staff Report dated December 4, 2013. That document outlines the standards for granting a variance and the substantial evidence in the record which supports my decision.
I find that the decision to grant the variances as stated here is supported by the facts in the record demonstrating that the net useable area of the property is significantly less, even with the variances granted, than the net useable area of other similar properties in the area. This circumstance, also associated with the property, constitutes an additional hardship which justifies the variances as granted.
Craig Call Hearing Officer