Variance

A variance is modification from bulk and placement requirements of Garden City Code Title 8 due to an undue hardship. Provisions related to a variance are found in Garden City Code 8-6B-9. 

A variance can only be granted if it is determined that:  

  1.  The subject property is deprived, by provision of this title, of rights and privileges enjoyed legally by other properties in the vicinity and under the applicable zoning district because of the unique size, shape, topography or location of the subject property (a finding of undue hardship);
  2. The need for the variance is not the result of actions of the applicant or property owner;
  3. The variance will not unreasonably diminish either the health, safety or welfare of the community neighborhood;
  4. The variance is the only reasonable alternative to overcome the undue hardship; and
  5. The variance is the minimum relief necessary to allow reasonable use of the subject property.
  • We strongly encourage all applicants to complete a Due Diligence Meeting before moving forward. This meeting is an essential first step to help you understand the full scope of requirements that may apply to your project before committing significant time or financial resources, such as signing a lease.
  • To schedule a Due Diligence Meeting, please review the Early Assistance page on our website for instructions and next steps.
  • The variance process begins with a Neighborhood Meeting. This meeting includes notifying all property owners within a 300-foot radius of the subject property and inviting them to attend a meeting to discuss the proposed project.

    Applicants must review the requirements for Neighborhood Meetings and Public Hearings outlined in the Garden City Public Meeting and Hearing Guidelines Policy (pages 16–25) prior to proceeding.

    To obtain a list of property owners within the required radius, please complete a Radius Request Form and submit it to building@gardencityidaho.org.

  • Due to legal noticing requirements, there is an application submittal deadline for each month's meeting. Before submitting the application, please make sure it is complete and that all requested materials (identified in the application) are included. If the application is submitted late or is incomplete, it will not be scheduled for a hearing.
  • Variance requests are heard by the Planning and Zoning Commission. 

 

  • Submit an application to the city at building@gardencityidaho.org on a city provided form and pay fees.
  • Once you have paid the required fee, your application will be assigned for review. After a planner reviews the submitted documentation, you will receive an acceptance letter indicating your hearing date. Staff will then send your application materials to stakeholder agencies and publicly notice the application in accordance with statutory requirements.
  • The variance application review process typically takes 3 to 6 months, depending on the complexity and completeness of the application and the hearing schedule.
  • The Planning and Zoning Commission meets every third Wednesday of the month at 6:30 p.m. at City Hall.

 

  • While staff is reviewing your application, they may reach out to you to request clarification or additional materials necessary to complete their review. 
  • Staff will provide you with the draft report in advance of the hearing so that you can provide feedback and let staff know if they have accurately captured the application, made any omissions, or had any misunderstandings.  Please provide feedback quickly so that it can be incorporated prior to the staff report being finalized.  Please also note that not all agency and public comments may be included at that time that staff shares the draft report with you.
  • All variance applications must post signage on the property and provide proof of posting in accordance with the Garden City Public Meeting and Hearing Guidelines Policy (pages 16–25).
  • If proof of posting is not provided, the application will be rescheduled to the next available meeting date.

You or a representative will need to be present at the hearing to represent the application. The application will be held in the following order:

    1. The Chairperson  will introduce the request.
    2. You will present the application to the Planning and Zoning Commission .  You may prepare a presentation if you like, but it is not required.  The Commission may ask you questions about your proposal.
    3. Garden City Staff will present the Staff Report
    4. Public testimony will be taken.
    5. You will have an opportunity to rebut any public testimony.
    6. The Commission will deliberate and make a decision.

A written decision will be provided to you.  Since the Commission is a volunteer board and are not employees, it may take several days to get you a signed decision.

There is a 15 day appeal period where you or someone who provided written or verbal testimony on the application may appeal the decision to the City Council.  If no appeal is received, the decision is final.  If there is an appeal, it will be scheduled in accordance with Garden City Code 8-6A-9: Link. 

Please keep in mind that the City has very important deadlines that must be met for each application. If these deadlines are not met by the applicant, the city will be forced to move your application to a date certain. You are not guaranteed to be scheduled for the next meeting.

Required Documentation

Applications are required to be submitted on the city approved form(s).  A link to the current forms is located here: link

The applications and forms most commonly associated with this application are:

Application

Affidavit of Legal Interest

Affidavit of Posting

Resubmittal Form (for any resubmittals)

Fees

For information regarding current fee amounts, please see the Fee link.

A typical application will incur the following fees:

  1. Application
  2. Engineer Review (if necessary)
  3. Fire Review Fees
  4. Public Works Ability to Serve Request
  5. Public Work Fire Flow