Download PDF version Parties: Jeff Widener and Morgan County Issued: September 30, 2009Topic Categories: Review Within a Reasonable Time Interpretation of Ordinances . Review of a geotechnical report is a land use decision which should be completed within a reasonable time. An applicant may be required to pay the reasonable cost to review a report. An expert report should be …
Advisory Opinion 74
Download PDF version Parties: Howard Western and City of Delta Issued: September 3, 2009Topic Categories: Conditional Uses Appealing Land Uses Decisions Utah law requires that neighboring landowners file an administrative appeal of land use decisions within a limited time frame. Failure to file a local appeal is failure to exhaust administrative remedies, which deprives neighboring landowners of their right …
Advisory Opinion 73
Download PDF version Parties: Waxie Enterprises, Inc and Salt Lake City Issued: August 31, 2009Topic Categories: Impact Fees Exactions on Development There was no evidence suggesting that the City’s Impact Fee Study was improper or did not comply with state law. Compliance with the Impact Fee Act confers a presumption of validity on the fees. In order to successfully …
Advisory Opinion 72
Download PDF version Parties: Joseph H. Florence and Central Weber Sewer Improvement District Issued: June 30, 2009Topic Categories: Impact Fees Exactions on Development The Applicant carries the burden to show that the impact fees as enacted or as applied are unfair or illegal. The Developer has not met that burden.DISCLAIMER The Office of the Property Rights Ombudsman makes every …
Advisory Opinion 71
Download PDF version Parties: Joseph H. Florence and City of South Ogden Issued: June 30, 2009Topic Categories: Impact Fees Exactions on Development By using today’s replacement cost to calculate the impact fees rather than the actual cost expended when the system was constructed, the City is going beyond recoupment of actual costs as permitted by the Impact Fees Act. …
Advisory Opinion 70
Download PDF version Parties: Craig Rasmussen, Property Owners in Beaver Creek Subdivision and Carbon County Issued: June 30, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances The County could withhold approval of building permits until the property owners showed that there was perpetual access to the properties from a public road. Access …
Advisory Opinion 69
Download PDF version Parties: Michael Cox and City of Willard Issued: May 18, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A flag lot was properly created, and was allowed under existing City ordinances. The Property Owner’s right to develop the lot vested on the date the application was submitted. Even if …
Advisory Opinion 68
Download PDF version Parties: Scott Davidson and City of Provo Issued: May 5, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances A use is eligible for nonconforming status if it was legally established prior to being prohibited by a change in a land use ordinance. Compliance with building codes and other ordinances unrelated to land use regulation …
Advisory Opinion 67
Download PDF version Parties: Christopher P. Gamvroulas, Ivory Development, LLC and City of West Point Issued: May 4, 2009Topic Categories: Requirements Imposed On Development Interpretation of Ordinances A development agreement’s requirement that “each dwelling unit shall not be less than 1300 square feet” is not ambiguous, and refers to total area, not above-ground area. The Agreement provides that a …
