During a recent Wasatch County government meeting, discussions centered on a variance request for an accessory garage in the Timber Lakes area, highlighting the complexities of local zoning laws and state regulations. The applicant, Craig Carroll, is seeking permission to build a garage in the front yard of his property, which is currently not permitted under county code that requires accessory structures to be located in the rear or side yards.
County officials emphasized that variances are not discretionary and must adhere to strict criteria outlined in Utah state law. The state code specifies that variances can only be granted if the applicant demonstrates an unreasonable hardship that is unique to the property and not self-imposed or economic in nature. The county staff expressed concerns that the applicant had not sufficiently proven such a hardship, noting that the topography issues cited were common to the entire Timber Lakes area and did not constitute a unique circumstance.
Carroll argued that the steepness of his driveway makes winter access to his existing garage difficult and that the proposed location for the new garage would be safer and more convenient. He presented visual aids to illustrate the challenges posed by the terrain and the impracticality of alternative locations for the garage, including potential impacts on neighboring properties and the environment.
Despite the applicant's appeal, county staff reiterated that the documentation provided did not meet the necessary criteria for granting a variance. They clarified that any changes to the zoning laws or exceptions to the code would need to be pursued through legislative channels, rather than through the variance process.
The meeting underscored the tension between individual property rights and adherence to established zoning regulations, as well as the challenges faced by residents in navigating these legal frameworks. The board's decision on the variance request remains pending, as they continue to evaluate the evidence and arguments presented.