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Cornish staff: properties lie in municipal water area but owners must seek a variance
Summary
Town planning staff told residents their properties appear inside the Cornish Municipal Water System on the State DWR map, but town ordinances prevent a routine water connection outside town limits; staff moved the application to the council and advised a variance application to the Board of Adjustment.
Cornish town staff told residents at a planning and zoning meeting on May 21 that the State of Utah Division of Water Resources map shows their properties inside the Cornish Municipal Water System coverage, but town code bars new water connections outside the municipal boundary and the applicants will need a variance.
Cole, a town staff member, said the Board of Adjustment may grant a variance only if four criteria are met: literal enforcement would cause an unreasonable hardship, special circumstances unique to the property exist, the variance is necessary to enjoy a substantial property right held by similar properties, and granting it would not substantially affect the town’s general plan or the public interest. "You need to present a case for why this decision will cause an unreasonable hardship for you," Cole said, adding that successful applicants typically provide a concise written statement and supporting documentation in advance.
Applicants said they were concerned that nearby canal piping and a shallow well could leave them without water. One resident described the concern directly: "if they pipe the canal... it's really likely that your well is gonna dry up," and said the household does not want to lose access to water. Cole encouraged applicants to document the situation and noted staff would coordinate scheduling with Lauren to convene the Board of Adjustment, which meets infrequently.
Town staff moved to send the applicants' water application to the town council for consideration; the motion carried on a voice vote. Staff also confirmed that a completed application must include payment of the required fee, and applicants said they had brought a check to leave with Lauren.
The Board of Adjustment review is separate from council consideration; Cole warned that variance hearings may require legal consultation and could take time because the board is convened only for variance matters. The applicants were advised to prepare a short statement and evidence showing how their situation meets the ordinance criteria before the board hears the case.
Next steps: staff will forward the application to the town council and, if the council rejects routine service as anticipated, applicants are instructed to prepare and submit a variance application and supporting materials to Lauren so staff can schedule a Board of Adjustment hearing.
