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Planning Commission upholds denial of variance appeal for 604 E. Leland Ave.
Summary
The Commission approved Findings of Fact and a Final Order denying an appeal to reduce minimum lot width at 604 E. Leland Ave. from 50 to 45.83 feet to allow a detached ADU; the Order states the appellants did not meet the five variance criteria and is appealable to District Court within 30 days.
The Planning Commission approved the Findings of Fact and Conclusions of Law that deny an appeal seeking a variance to reduce the minimum lot width at 604 E. Leland Avenue. The transcript includes the Draft Final Order reciting findings that the lot measures 45.83 feet in width, the applicants proposed a 995‑square‑foot detached accessory dwelling unit in the rear yard, and that the lot does not meet the R‑1 minimum lot width of 50 feet.
The Final Order applies the five statutory and local criteria for variances (South Salt Lake Municipal Code § 17.12.010(B) and related standards). The Order concludes: "Because Appellants did not meet all five criteria justifying a variance, the Appellants have not met their burden to prove that a variance should be granted, and therefore, the request for a variance is denied." The Order notes it is a final administrative decision and may be appealed to District Court within 30 days.
The motion to approve the Findings and Conclusions was recorded in the Commission minutes; the Commission also approved the minutes of Feb. 5 and other procedural items earlier in the meeting. The Final Order documents factual findings about encroachments by existing structures and the proposed ADU's compliance with bulk, massing, height and coverage standards while identifying the absence of special circumstances or unreasonable hardship required for a variance.
