Sandy City Board of Adjustment Meeting - December 11, 2025
Sandy City Board of Adjustment Meeting - December 11, 2025
The Board of Adjustment convened to review a variance application from the Thompsons regarding setback deviations on a corner lot in the R18 zone, while also addressing administrative updates to Board procedures and officer elections. Throughout the meeting, Board members and staff analyzed whether the applicant's lot possessed unique conditions sufficient to meet the five statutory criteria for granting a variance, ultimately concluding that the hardships were not unreasonable or unique enough under state code. The Board also voted on procedural rule changes to align with recent state legislation and moved to maintain the current leadership structure.
Consent Calendar
- No specific consent items were listed; the meeting proceeded directly to hearing the variance application and subsequent agenda items.
Public Comments & Testimony
- Applicant (Mr. Thompson): Expressed full support for his own application, arguing that the lot possesses unique attributes (narrowing south side, angled boundary, and a 30x30 foot drainage easement) that create an unreasonable hardship not faced by other properties. He admitted to relying heavily on a contractor during a period of personal medical hardship (brain tumor surgery) and taking the contractor at face value regarding permit status, but emphasized his 20-year construction background and family's awareness of city codes.
- Wendy Jensen (8291 Drive A Circle): Asked for clarification on funding, specifically requesting to know if tax dollars would cover utility moves if the variance were granted.
- Richard and Mrs. Steele (1330 Anything South): Clarified that the city purchased the land for a retaining wall directly from the property owners ten years ago, asserting that this transaction means the wall should not be an issue for the current variance request. They noted that the city has owned the land where the wall sits.
Discussion Items
-
Variance Application (Thompson):
- Applicant's Position: The applicant argued that the lot's unique shape (a 5-foot jog on the east side resulting in 25-foot vs. 30-foot setbacks) and the presence of a city drainage easement created a hardship that forced him to deviate from standard setbacks. He stated that without the variance, he would have to tear out walls to meet the 20-foot setback requirement on the south side.
- Staff Position (Ms. Anderson): Staff maintained that the applicant did not meet all five criteria for a variance. They stated that the hardship appears self-imposed (due to the contractor's failure to follow code) and economic in nature. Staff noted that while a drainage easement exists, the appropriate remedy is a plat amendment to vacate the easement, not a variance to override setbacks.
- Board Discussion:
- Jim Everts: Questioned the uniqueness of the lot shape compared to other corner lots in the R18 zone, noting similar configurations exist elsewhere. He raised the issue of the sound barrier wall across the street and whether an easement existed there, discussing how the city may have acquired the land for the wall.
- Tyler Brown: Argued that the narrowing geometry of the lot on the south side and the easement could constitute a "unique condition," potentially meeting the special circumstances criteria if combined with the shape. He questioned whether failing to grant the variance robbed the owner of a substantial property right.
- Bruce Bjorner: Acknowledged the applicant's difficult personal history but emphasized that the Board must strictly follow the five criteria, noting that the Board has seen hundreds of variances in the neighborhood. He argued that the lot is not unique enough and that the variance is not essential to property enjoyment.
- Consensus: The Board generally agreed that while the lot has some irregularities, the self-imposed nature of the hardship (due to the contractor's actions) and the availability of alternative solutions (moving walls) meant the criteria for "unreasonable hardship" and "special circumstances" were not fully met.
-
Amendment to Board of Adjustment Rules of Procedure:
- Staff proposed changes to align with Utah House Bill 368, replacing references to "public hearing" with "public meeting" for variances and appeals. The Board discussed and confirmed that public input could still be allowed at public meetings, distinguishing them from legislative hearings. The Board also clarified the effective date of decisions based on the approval of minutes.
-
Election of Chair and Vice Chair:
- Staff noted that alternates cannot hold the Chair or Vice Chair positions. The proposal to swap roles was deferred, and the Board moved to maintain the status quo for another year.
Key Outcomes
- Variance Denial: The Board unanimously voted to deny the variance request for the Thompson property. The motion carried with 4 votes in favor (Brian Jones, Brett Breiner, Matt Hill, Ryan Johnson) and 1 vote against (Jim Everts). The Board cited that the applicant failed to prove unreasonable hardship and that special circumstances were not unique enough to override the zoning code.
- Rule Approval: The Board approved the proposed amendments to the Board of Adjustment Rules of Procedure by a voice vote (all in favor), making the changes effective upon the approval of minutes via email.
- Leadership Status: The Board voted to maintain the current Chair and Vice Chair for the coming year to avoid procedural delays, with a plan to revisit elections next year.
- Next Steps: Staff notified the applicant that they must modify their construction plans to conform to existing setbacks unless they choose to appeal the decision. Staff will also explore options with the property owner and utility departments regarding the potential vacatur of the drainage easement via a plat amendment.
Meeting Transcript
Unmute the unmute the room testing one too. Or the neighborhood. Still able to fit full-size vehicles in the driveway as we were before. I just look at this as a minor variance adjustment. I could read through my proposal here if you would like, but I think you guys have a copy of that. Okay. Thank you. Any questions for Mr. Thompson? Well, we've got him here. I have one. So we're as the board, we don't have a lot of ability to apply our a lot of our judgment. We just have to follow what the code says us, tells us to do, right? So typically when I uh consider one of these, I look for some uniqueness that's that comes with the property. Um help help me out. I'm having a hard time getting here with your property. It's it looks pretty square like most of the other properties. I didn't see a lot of slope or anything, you know, on it that that when we went and visited earlier. So help just help me with that. Help me find the the um you know the uniqueness in the property that would that would uh create the hardship. On the east side of the property, when you go towards the far north corner, we meet the minimum setback at that 30 feet from the property line, and then it jogs in once you hit the south side of the property on the east side again, it jogs inwards about five feet once you get to that far corner. So you've got a five-foot difference. So it's just that that slight curve that happens, okay. Correct. Yep. And that once you hit that, like again, that far north corner, we are 30 feet on the setback from the property line. It's when you get towards the south side of the corner, we're 25 feet, 26 feet, uh 26 foot one, I believe is what it was. Um, and that's that's kind of where we're seeking that variance, and then along the whole east side, um the boundary line, depending on where you measure that boundary line, it's it's again not a straight line, it's angled, so that's where we seek a three-foot variance on that corner. Um if if it were to follow the fence line that was there when we purchased the home, um, and I'm assuming that's what my contractor based it upon was the fence line that was there, and um, yes, it is a straight line, the fence is straight. However, the property line is not, it has that jog again, like the east side does. Um that is the main reason for seeking a variance, the awkward property lines, if you will. Okay. Okay, thank you. Any other questions for the applicant while we've got him here? I do thank you. Are you the original homeowner? No. Any time was that retention pond present with the house on the property? We were not made aware of it until we brought your Sandy City inspector out, and he made us aware. We called in to Sandy City. I hired a contractor that kind of didn't do his due diligence. We paid him to pull the permits out, we paid him to do architectural set of drawings, we paid him to build this addition that we were seeking. Uh I paid him quite quite a penny to do so, and under the impression that he was following city and and local codes. However, that's not at all what transpired. Back in 2023, this is when this all transpired. Um he has gone out of business, he's no longer in business. The company's closed doors. We've tried illegally to go after him, but there's nothing that we can do with him not being in business. Um we were not made aware of the retention pond until he excavated the back corner, and at that point, I brought a Sandy City inspector out, and that's when I started raising questions to the inspector if they were involved with any of this process, and he made me aware at that time he was not, and that uh he was not aware of any permits or anything that had been done with the city, any approved drawings or any of that. So that's when I started picking the contractor as to why he was doing what he was doing without permits and without an approved set of drawings.
openpublica.com