Variance's to Zoning Ordinances

[Stephen]

My house has a little carport on the west side of the garage that the pervious owner installed about a decade ago. It's maybe 20'x10' and set back 10' from the front of the house and behind a gate. Its hardly noticeable:

(Google Maps capture as I'm not home right now)

The previous owner didn't get a building permit for it, and now West Valley City has decided that I need to remove it because it violates code by going to the property line. This annoys me on many levels. First and foremost, the only reason WVC has taken an interest is because I run two home businesses out of here and when I applied for the permit, they sent an inspector out. Had I not been trying to generate tax revenue for them, they'd never have noticed or cared. Second, I find it a very useful, so I'd like to keep it.

So my question for the RME brain trust is: who has experience obtaining a zoning variance? Or are there other avenues I can pursue?

 

[N-Smooth]

Do they not like it because it drains onto the neighbor’s property? I know cities can be weird about that. If so, I wonder if you could add a gutter and that might calm them down…?

 

[Stephen]

Do they not like it because it drains onto the neighbor’s property? I know cities can be weird about that. If so, I wonder if you could add a gutter and that might calm them down…?

It actually has a gutter that drains it into my backyard. The neighbor doesn't have a problem with it at all.
WVC doesn't like it because it's to the property line. Setback is 10', or maybe 4' with a proper building permit.

 

[Pike2350]

I assume it's metal? I've heard that some cities will allow variances for setbacks if it's metal (fire deterrent)

If it is, just apply and see what they say. With the neighbor not caring, take in a written letter from them to hopefully bolster your case?

 

[nnnnnate]

Dude. I've been trying to get a business license for my woodworking stuff. There are ordinances that restrict a homeowner from producing anything outside of the actual home. You can't make or store things in a shed or garage for business purposes. I could move my whole wood shop into my house and then I'd be okay but I just can't use my attached garage. Its driving me nuts for the same reasons you stated. I'm trying to be honest and have a legit set up but they are making it impossible for me to do that. I wrote to 3 city councilmembers about my issue and actually got two responses though I'm not really expecting anything to come of it.

I've had to deal with code enforcement before and they really don't budge on regulations. The only opening I see is to argue that it doesn't qualify as a carport or something like that. I'd have to look up the code to see how its worded but even that is a long shot.

I got dinged at my other house for not having landscaping to the side of my driveway. We were the third owners and nothing had happened with the first two but then I got jammed up right after we moved in. I was so mad at the timing of it all. We ended up getting an extension that pushed it from the fall to the next spring but it was still something I didn't want to have to deal with at that time.

 

[Stephen]

I assume it's metal? I've heard that some cities will allow variances for setbacks if it's metal (fire deterrent)

Yeah, its all aluminum.

If it is, just apply and see what they say. With the neighbor not caring, take in a written letter from them to hopefully bolster your case?

So WVC's variance application form says:

1. Literal enforcement of the ordinance would result in unnecessary hardship.
2. Reasons must be substantial, serious, compelling and unique to the particular property.
3. It will not adversely affect the public health, safety and welfare of West Valley City.

And then it goes on to say things like, "A hardship is not a problem that you create yourself. For instance, if your house is built in such a manner that you cannot expand the living room without encroaching into a required setback, you will be creating the situation/problem and the ordinance does not recognize that as a legitimate hardship. Likewise, the fact that it might cost you less money to add an extension in a required front yard setback rather than adding to the house where the addition would be permitted outright, is not a hardship.
The important point is whether you are deprived of property rights, not desires. Financial hardship is not considered a
legitimate reason for seeking a variance, nor are personal health situations."

AND

"The property must have special circumstances which differ from nearby properties, and which deprive this property of privileges other nearby properties enjoy. The variance would be essential for this owner to have the same property rights the other owners have."

So essentially, what I have to prove is that removing the carport is a hardship; but not self imposed one. And that by removing it, it will affect my rights as a property owner.

 

[Stephen]

Dude. I've been trying to get a business license for my woodworking stuff. There are ordinances that restrict a homeowner from producing anything outside of the actual home. You can't make or store things in a shed or garage for business purposes. I could move my whole wood shop into my house and then I'd be okay but I just can't use my attached garage. Its driving me nuts for the same reasons you stated. I'm trying to be honest and have a legit set up but they are making it impossible for me to do that. I wrote to 3 city councilmembers about my issue and actually got two responses though I'm not really expecting anything to come of it.

I've had to deal with code enforcement before and they really don't budge on regulations. The only opening I see is to argue that it doesn't qualify as a carport or something like that. I'd have to look up the code to see how its worded but even that is a long shot.

I got dinged at my other house for not having landscaping to the side of my driveway. We were the third owners and nothing had happened with the first two but then I got jammed up right after we moved in. I was so mad at the timing of it all. We ended up getting an extension that pushed it from the fall to the next spring but it was still something I didn't want to have to deal with at that time.

I can quite literally throw a stone from any point on my property to someone else's property that's in violation of code in some form. Are they getting notices from the city? Nope.

Its bureaucracy at its finest. The City doesn't have enough resources to actually enforce city code broadly, so they only go after the people who are trying to abide play by the rules.

 

[nnnnnate]

How many people do you know running a business without a license? I know a guy on a couple acres that runs an auto shop at his house in a big metal building that is still licensed out of Salt Lake because WVC is unwilling to work with him. I know anything I sell will not bring in much at all to the city coffers but if the process was accessible and the city was willing to be reasonable, that tax revenue would add up.

Right now I can sell $2000 worth of stuff without needing a license. My request in the emails I sent was to raise that limit to 7.5k.

I don't see how you'll be able to justify that hardship for your variance.

 

[ID Bronco]

You are screwed and it's total rubbish. What if you just ignore it? What's the worst they can do?

 

[Hickey]

What if you pull the carport down for a while, then put it back up later?

 

[Kevin B.]

What if you pull the carport down for a while, then put it back up later?

Or make it "temporary" - how are the legs fixed to the concrete, are they sunken or just bolted down?

 

[Stephen]

You are screwed and it's total rubbish. What if you just ignore it? What's the worst they can do?

Fine me repeatedly and eventually forcibly remove it and stick me with the bill.

What if you pull the carport down for a while, then put it back up later?

I've thought of that. Doable, probably take a three guys a day each way. Inconvenient, though.

Or make it "temporary" - how are the legs fixed to the concrete, are they sunken or just bolted down?

The outer legs are bolted into the concrete, the inner ones are bolted to the ground and screwed into the house. The screws into the house are the only thing that makes it "attached". So if I remove those, it'd be free standing (I assume). But I'm not sure that'd make it temporary enough to appease the city.

 

[RockChucker]

The outer legs are bolted into the concrete, the inner ones are bolted to the ground and screwed into the house. The screws into the house are the only thing that makes it "attached". So if I remove those, it'd be free standing (I assume). But I'm not sure that'd make it temporary enough to appease the city.

if it isn't attached to the house, at that point how would it be any different than one of these from harbor freight? sure it has a hard roof, but it is just as portable arguably.

12 ft. x 20 ft. Truck/SUV Portable Garage

Amazing deals on this 12Ft X 20Ft Truck/Suv Portable Garage at Harbor Freight. Quality tools & low prices.

www.harborfreight.com

 

[Stephen]

if it isn't attached to the house, at that point how would it be any different than one of these from harbor freight? sure it has a hard roof, but it is just as portable arguably.

12 ft. x 20 ft. Truck/SUV Portable Garage

Amazing deals on this 12Ft X 20Ft Truck/Suv Portable Garage at Harbor Freight. Quality tools & low prices.

www.harborfreight.com

I agree. And mine looks less trashy!

 

[glockman]

When I built my shop, I had to get a variance, not on the building, but PG city required all people seeking a building permit to put in sidewalk. I went to 3 city counsel meetings before they addressed my variance. I made the case that it would require me to cut down several large trees to put in a sidewalk that started and ended at my property lines. They made me sign an agreement that said I would put in sidewalk if they required my neighbors to. Uhh, ok.
PS. That was in 2008 and the building permit is still open. Eff the man!!!

 

[johngottfredson]

Fine me repeatedly and eventually forcibly remove it and stick me with the bill.


I've thought of that. Doable, probably take a three guys a day each way. Inconvenient, though.


The outer legs are bolted into the concrete, the inner ones are bolted to the ground and screwed into the house. The screws into the house are the only thing that makes it "attached". So if I remove those, it'd be free standing (I assume). But I'm not sure that'd make it temporary enough to appease the city.

If it’s unattached, it’s unattached and they can’t do anything about it as long as it falls within the “tuff shed” sizing - most cities it’s 200 sf max.

I would unscrew it from the house and FORCE them to point to an actual violation at that point.

 

[Stephen]

If it’s unattached, it’s unattached and they can’t do anything about it as long as it falls within the “tuff shed” sizing - most cities it’s 200 sf max.

I would unscrew it from the house and FORCE them to point to an actual violation at that point.

It'd still violate the setback ordinance, though. Its right on the property line.

EDIT: Just talked to the city and they said that regardless of it being attached or unattached, permanent or temporary; it has to be 10' from the property line. So frustrating.

 

[johngottfredson]

It'd still violate the setback ordinance, though. Its right on the property line.

I’m saying in most cities, structures 200sf and less are exempted from setback ordinances. Worth looking into

 

[Houndoc]

From my perspective, including time serving on planning and zoning, set backs are going to be the toughest thing to get a variance on.

 

[Stephen]

From my perspective, including time serving on planning and zoning, set backs are going to be the toughest thing to get a variance on.

Do you have examples of people getting a variance for setbacks from your time on planning and zoning?