Because of special characteristics of particular properties in the city, the literal application of the general provisions of this title may in certain instances create hardships not intended by these regulations. The city council may accordingly grant variances from the literal application of the provisions of this title based on findings of fact as provided in this section.

Variances shall be approved only in conformance with the approval process provided in the filing procedures section of this title and the approval criteria in Section 17.60.050 below.

The purpose of minor variances procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods.

The fee owner, contract purchaser, or option holder of a single-family detached or attached dwelling or single-family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under minor variance procedures.

Filing submissions shall be as determined on a case-by-case basis by the code enforcement official and may be less than required for other variances in Table 1, Required Contents of Application Filling of the filing procedure section of this title. Other procedures and requirements shall be as provided for variances in the filling procedures section. Minor variance procedures shall not apply to an application involving more than one dwelling or more than one building lot.

Variances as provided herein shall be considered the same as variations provided under state statute. Lawful variations granted to a property prior to the effective date of this title shall be considered lawful variances without the need for approval of a variance hereunder. Except that where such a variation is not needed under this title, variance status shall not be applicable.

In recommending approval or conditional approval of a variance, the board of appeals shall transmit to the city council written findings of fact that all of the conditions below apply to the application. The city council shall not be bound by the recommendation of the board of appeals. However, in granting approval, the city council shall similarly find that all of the following conditions apply:

A.

Unique Circumstances. Evidence has been presented that shows that the plight of the owner is due to unique circumstances.

B.

Unique Circumstances Not Found Elsewhere. Unique circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And, these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.

C.

Circumstances Related to the Property Only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein related only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property.

D.

Not Resulting From Applicant Action. The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property.

E.

Unnecessary Hardship. For reasons fully set forth in the written findings, the strict application of the provisions of this title would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience.

F.

Preserves Rights Conferred by District. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.

G.

Necessary for Use of Property. The property in question cannot yield a reasonable return if permitted only under the conditions allowed by the regulations in the ordinance for that zoning district. The grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property.

H.

Not Alter Local Character. The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.

I.

Consistent with Ordinance and Plan. The granting of the variance will be in harmony with the general purpose and intent of this title and of the comprehensive plan of the city of Park City, as viewed in light of any changed conditions since their adoption.

J.

Minimum Variance Recommended. The variance recommended by the board of appeals and approved by the city council is the minimum required to provide the applicant with reasonable use and enjoyment of his property.

The code enforcement official shall issue a certificate of variance to the applicant after approval thereof by the city council. Such certificate shall specify the nature and extent of the variation granted, the legal description of the property, and the date of approval by the city council. The certificate shall be signed by the mayor and the code enforcement official. A copy of the certificate shall be filed at city hall. All variations granted after the effective date of this title shall be indicated on the zoning map. The property shall be marked in a manner to indicate that a variation has been granted to the property. The map shall be updated with variations annually or more often if deemed necessary by the city council.