Weber County Board of Adjustment approves variance for Eden property at 5688 E. 2300 N.

The Weber County Board of Adjustment voted to grant a variance on March 13 that will allow the owner of 5688 East 2300 North in Eden to subdivide Lot 2 of the Gillespie Subdivision into two building lots despite the parcel measuring about 5.866 acres — roughly 0.07 acres short of the AV-3 zone requirement for two 3-acre lots.

County planning staff presented the application and told the board that the request must satisfy five statutory criteria in the county land-use code before a variance can be granted. Staff showed the recorded subdivision plat and explained that the property includes two frontages, existing accessory buildings and that portions of the acreage were affected by prior road dedication. "The county code contains direction for the board to review," a planning staff member said while outlining the variance criteria, which include avoiding self-imposed or purely economic hardships and showing special circumstances tied to the parcel.

Property owner Michael Gillespie told the board he does not intend to subdivide immediately but wants an approved variance to preserve future options and increase the property's market or lending value. "I do not want to build on it now," Gillespie said. "I would like to have a variance in hand approved so that it makes the property more valuable if I want to, in the future, subdivide and either have one of my children build or sell or even borrow against the property." He told the board the shortfall is about 0.07 acres after a 0.113-acre parcel he owns was separated in an earlier transaction and after prior road dedications.

Board members questioned whether easements and road dedications had reduced the parcel's buildable acreage. Planning staff clarified that prescriptive or utility easements do not reduce recorded lot acreage, but road dedications associated with subdivision plats do reduce the acreage available for development and were taken at the time the Gillespie subdivision was recorded. Staff also pointed out that any variance granted by the board is valid for 18 months under county ordinance, and that development rights and future municipal jurisdiction could change after that period.

During discussion, board members debated whether the shortfall represented an unreasonable or self-imposed hardship and whether the circumstances were unique to this parcel. One member said the shortfall appeared minimal and noted neighboring lots had similar three-acre expectations; another cautioned that the board must apply the same legal standards to every variance request. Legal counsel explained the legal limits on the board's discretion and confirmed the 18-month validity period for variance approvals.

A motion to approve BOA 2025-01 (the variance for Lot 2 of the Gillespie Subdivision, parcel number 222570002) carried. The motion as stated in the record approved a variance equivalent to approximately 5,830 square feet to permit the creation of two lots as if each met the three-acre standard. The transcript records the motion, a second and approval by voice vote; no opposing votes were recorded in the meeting transcript.

The approval does not itself create immediate building rights. Staff told the applicant that the variance, if unused, will expire after 18 months, and that he would need to move forward with any formal subdivision and building-permit steps within that timeframe to secure vested development rights.

The board packet and the meeting record include the subdivision plat and a narrative from the applicant; staff advised the applicant to consult planning and the county attorney about the subdivision and permitting steps required to vest the lot splits.

The Board of Adjustment adjourned after the vote.