The bulk requirements of the city's land use regulations (Section 9-7-1, B.R.C. 1981) specify the required building and use setbacks from property lines. There are two methods available to attempt to vary the setback standards: the site review process and the variance process. Site review applications must be reviewed through the development review process. Certain variance applications are considered by the Board of Zoning Adjustment at a public hearing. The city planning staff may consider variance requests for up to 20% of the required setback (e.g. a proposed 20 foot setback where 25 feet is required). These administrative setback variances for up to 20% of the setback requirement must be considered through an administrative review application. In order for an administrative review application to be approved for an administrative setback variance, Planning and Development Services must find that the variance request meets the relevant criteria.
These criteria are found in Section 9-2-3(h), B.R.C. 1981 of the city's land use regulations and are attached. The administrative review application must include a written statement which addresses how the proposal meets the applicable criteria. The required site plans must clearly show the variance requested, including specification of the required and requested setback distances. In addition, the applicant is required to submit written approval from the affected adjacent property owners. This approval may be indicated either in the form of a signed letter of authorization or signatures on proposed plans. The applicant should contact Planning and Development Services for a determination of the affected neighboring properties. (Please note that in determining adjacency, streets and alleys are ignored.)
An administrative setback variance automatically expires within 180 days of the date on which it was approved (or another specified time), unless a building permit for the variance is issued within such period.