The Summit County Board of Adjustment convened on May 25, 2023, to discuss a variance request related to a property in the Wand Ship Cottage site subdivision. The meeting focused on evaluating five key standards necessary for granting the variance, with staff recommendations supporting compliance for each standard.

The discussion began with clarifications regarding the subdivision's historical context, noting that it was recorded in 1961 before any zoning regulations were established. This lack of prior zoning has contributed to the unique circumstances surrounding the property, particularly concerning its size and proximity to an adjacent stream. The board acknowledged that applying a 100-foot stream setback would render the lot unbuildable, which was a significant factor in their deliberations.

As the board reviewed the five standards for approval, they unanimously agreed with staff recommendations. The first standard addressed whether enforcing the zoning ordinance would cause unreasonable hardship. The board concurred that the peculiar characteristics of the property justified the variance.

The second standard examined special circumstances unique to the property, which the board found applicable due to the lot's dimensions and the stream's location. The third standard focused on whether granting the variance would allow the applicant to enjoy substantial property rights similar to those of other properties in the district. The board agreed that strict adherence to the zoning requirements would prevent any development on the property, which was intended for residential use.

The fourth standard assessed the potential impact on the general plan and public interest. The board determined that the proposed accessory building would align with existing residential patterns and minimize disturbances, thus complying with the general plan's objectives. Finally, the fifth standard evaluated whether the spirit of the zoning ordinance was upheld and if substantial justice was served. The board found that granting the variance met these criteria as well.

After thorough discussion, the board expressed consensus on the staff's recommendation to approve the variance. A motion to grant the variance was anticipated, marking a significant step for the applicant in moving forward with their development plans.