Conditional Use vs Variance in Holladay: What to Know

Are you trying to figure out whether your Holladay project needs a conditional use permit or a variance? You’re not alone. These paths look similar from the outside, but they solve very different problems and follow different rules. In this guide, you’ll learn which tool fits your situation, what Holladay’s decision-makers look for, how the review works, and how to prepare a strong application. Let’s dive in.

CUP vs. variance: quick compare

A conditional use permit and a variance serve different purposes.

• Conditional use permit (CUP): Authorizes a use that the zoning code allows only under conditions, with a focus on mitigating impacts like traffic, noise, hours, parking, landscaping, and screening.
• Variance: Grants narrow relief from a development standard, such as setbacks, height, lot coverage, or parking counts, when a unique physical hardship on the property makes strict compliance impractical.

The key idea: a CUP reviews how a listed use will operate on your site. A variance adjusts a dimensional rule because of property constraints. A variance does not let you introduce a use that is otherwise not allowed.

When a CUP fits in Holladay

You look at a CUP when the zoning table lists your use as conditional in the zone. Typical examples include small institutional or commercial uses in residential areas, multi‑family infill in mixed‑use zones, or a restaurant with outdoor seating where extra screening or parking controls may be needed. Expect conditions that address compatibility with neighbors and public services.

When a variance is the tool

You pursue a variance when a strict rule creates a practical difficulty due to your parcel’s unique physical traits. Think irregular lot shape, shallow depth, topography, or historic lot dimensions that make standard setbacks or parking counts unworkable. The relief must be the minimum needed, and the hardship cannot be self‑created.

What decision-makers must find

CUP required findings

Holladay staff and the Planning Commission typically look for:

• Conformance with the zone’s intent and standards.
• Compatibility with surrounding properties, including scale, traffic, noise, light, privacy, and hours.
• Adequate public services and infrastructure, such as parking, utilities, waste, and emergency access.
• Practical mitigation measures, including landscaping, buffering, screening, and operational conditions.
• Protection of public health, safety, and welfare.

If impacts cannot be mitigated to an acceptable level, a CUP can be denied. Most approvals include conditions that you must meet before operation.

Variance required findings

For a dimensional variance, expect to address each of the following:

• A unique physical characteristic of the property creates practical difficulty. Examples include topography, size, or shape not common in the zone.
• The hardship is not self‑created by the current or prior owner.
• The relief will not harm the public interest, health, or safety, and will not undermine the zoning ordinance’s purpose.
• The request is the minimum necessary to address the hardship.
• Factual evidence supports the request, such as surveys, photos, plans, or engineering.

Courts and commissions scrutinize variances closely. Your documentation should show why standard compliance is infeasible and why lesser relief will not work.

How Holladay reviews your application

Who decides and how hearings work

Expect staff review and a Planning Commission hearing for both CUPs and most variances. City staff prepares a report with recommended findings and conditions. Public notice goes to nearby property owners and is posted and published before the hearing. At the hearing, the Commission takes the staff report, your presentation, and public testimony, then deliberates and issues a decision.

Timeline at a glance

A typical path looks like this:

1. Optional pre‑application meeting.
2. Application submittal and fee.
3. Completeness check, then staff review.
4. Public notice period.
5. Planning Commission hearing and decision.

Straightforward CUPs often take 6 to 12 weeks from submittal to decision. Variances can take longer if surveys or studies are needed. Complex projects can extend into months. Confirm current targets with planning staff.

Conditions, time limits, compliance

CUPs often carry conditions tied to operations or site improvements. Some may be time‑limited or linked to a particular operator. Noncompliance can trigger enforcement or revocation. Variances typically run with the land and can include conditions, but they are narrowly tailored to the hardship.

What to submit in Holladay

While submittal lists can change, you should be ready with:

• Completed application and fee, plus owner authorization if needed.
• Project narrative describing the request, reasons, and proposed mitigation.
• Scaled site plan with dimensions, property lines, structures, setbacks, driveways, parking layout, and grading constraints.
• Building elevations and floor plans, if form or intensity is relevant.
• Boundary and, for variances, topographic survey showing constraints.
• Site photographs and surrounding context images.
• Parking analysis and, if requested, traffic assessment for higher‑traffic uses.
• Utility and stormwater notes for added impervious area.
• Landscape and screening plan, where visual impacts matter.
• Neighbor notification materials, such as mailing labels within the required radius.
• Technical studies, such as noise, drainage, or geotechnical, if requested by staff.
• For variances, a clear statement addressing each variance finding, alternatives you evaluated, and why the request is the minimum necessary.

Practical prep that improves approval odds

1. Early contact: Schedule a pre‑application meeting with planning staff to confirm requirements and likely issues.
2. Site assessment: Order or confirm your survey and list physical constraints, easements, and existing structures.
3. Project narrative: Explain the proposed use or relief, potential impacts, and your mitigation plan in plain terms.
4. Build the record: Organize photos, diagrams, parking estimates, and any engineering notes that support your case.
5. Explain alternatives: Show why strict compliance does not work and why lesser options were not feasible.
6. Neighbor outreach: Meet with immediate neighbors early. Address noise, hours, parking, and privacy with concrete mitigation.
7. Professional exhibits: Provide scaled, legible plans suitable for staff packets and public review.
8. Be ready for conditions: Identify likely conditions ahead of time, such as landscaping, screening, or hours, and be prepared to accept reasonable ones.

Common Holladay project examples

• CUP candidates: Small nonresident uses in residential zones, certain institutional uses, multi‑family infill in mixed‑use areas, and restaurants with outdoor seating where screening or parking controls are needed.
• Variance candidates: Setback relief for an addition on a shallow lot, minor height or lot‑coverage relief on a sloped site, or reduced parking where historic lot dimensions limit layout.

Exact requirements depend on the zoning map and land‑use tables. Always confirm whether your use is permitted, conditional, or prohibited before you design.

When to hire professionals

• Architect or civil engineer: Structural changes, site grading, stormwater, or parking layouts.
• Land use planner: Entitlement strategy, findings, and hearing exhibits.
• Surveyor: Property lines, setbacks, easements, and legal descriptions.
• Land‑use attorney: Appeals, rezoning, complex hardship arguments, or enforcement history.

Modest, straightforward requests can sometimes be owner‑prepared. A pre‑application meeting is still recommended.

Pitfalls to avoid

• Thin hardship evidence on variances, especially without a survey or site‑specific documentation.
• Treating a variance as a way to allow a prohibited use instead of seeking a code amendment or rezoning.
• Incomplete or low‑quality plans that stall the completeness review.
• Ignoring neighbor concerns about noise, traffic, or privacy without offering real mitigation.

Will a CUP or variance add value?

There is no guaranteed value bump. A CUP can unlock income potential, but it may include conditions that add costs or limits. A variance can enable a project that strict code would block, but it is narrowly tailored and may not change broader market perception. Value depends on market demand, buyer preferences, and the specific change.

Appeal basics in Holladay

Planning Commission decisions are typically appealable under municipal and state procedures. Appeals have strict deadlines and routes. If you are considering an appeal, contact planning staff promptly and consult counsel to review your options and timing.

Ready to move forward?

If you want a clear path through Holladay’s CUP or variance process, experienced preparation makes the difference. For senior‑level guidance on entitlement strategy, documentation, and hearing presentation, connect with Dan Rip. You will get practical, local advice that respects both city process and your project goals.

FAQs

What is the difference between a CUP and a variance in Holladay?

• A CUP reviews how a listed conditional use will operate on your site with mitigation, while a variance provides narrow relief from a dimensional standard due to a unique physical hardship on the property.

How long does a Holladay CUP or variance take?

• Many CUPs take 6 to 12 weeks from submittal to decision; variances may take longer if surveys or studies are needed, and complex cases can extend into months.

Can neighbors block my Holladay application?

• Neighbors can testify at the hearing and may influence the outcome, especially if impacts cannot be mitigated, so early outreach and concrete mitigation help.

Can I apply for both a CUP and a variance for one project?

• Yes, projects sometimes require both, and each application is reviewed on its own findings and criteria.

What evidence proves a variance hardship in Holladay?

• Provide a survey, site photos, plans, and engineering or other factual documentation that shows unique property constraints, non‑self‑created hardship, and why the request is the minimum necessary.

Are CUP conditions enforceable in Holladay?

• Yes, CUP conditions are legally binding; failure to comply can lead to enforcement or revocation, so make sure you can meet them before accepting approval.