Download PDF version Parties: Roger Stephens Issued: July 31, 2024 Topic Categories: Interpretation of Ordinances The subject property is a residential condominium falling under the authority of a development agreement. The property is zoned “Hotel/Lodging” within the Resort Core in this development agreement, which according to the plain language, allows for short-term occupation only. The development agreement does allow for …
Advisory Opinion 290
Download PDF version Parties: Bob Theobald and Park City Issued: July 25, 2024 Topic Categories: Appealing Land Use Decisions The party requesting an advisory opinion had standing under the city’s ordinances to challenge a subdivision plat amendment because city ordinances allow for appeals by anyone that submitted written comment in the proceedings. However, the requesting party does not have standing …
Advisory Opinion 289
Download PDF version Parties: Applegate, LLC / Murray City Issued: July 23, 2024 Topic Categories: Interpretation of Ordinances Requirements imposed upon development State law restricts municipalities from imposing conditions of approval which are not authorized by applicable law. Because the condition to require emergency-only access at the connection point between Fuji Avenue and Spring Clover Drive is not supported by …
Advisory Opinion 288
Download PDF version Parties: Wright Mind, LLC / Millcreek City Issued: June 27, 2024 Topic Categories: Compliance With Land Use Regulations Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval Where a substandard property was created by deed without subdivision approval, the city’s recording of a notice of noncompliance on the property was an appropriate action as a means of …
Advisory Opinion 287
Download PDF version Parties: Kamas 3530 LLC / Summit County Issued: May 28, 2024 Topic Categories: Legal non-complying structure Interpretation of Ordinances State statute allows for the continuation of noncomplying structures and gives only two scenarios in which a County may prohibit the reconstruction of a noncomplying structure – (1) written notice that the structure is uninhabitable and failure to …
Advisory Opinion 286
Download PDF version Parties: Kent Singleton and Miyako Uehara / Morgan County Issued: May 7, 2024 Topic Categories: Occupation or Use of Property In a boundary dispute between the county and neighboring private landowner where each claimed title to a disputed portion of property, the county had a colorable claim or defense for its actions in occupying the disputed property …
Advisory Opinion 285
Download PDF version Parties: Jeffrey Clark / Morgan County Issued: March 8, 2024 Topic Categories: Requirements Imposed Upon Development The county may not lawfully require the vacation of an extinguished, private right-of-way as a condition of approval of an amended subdivision plat. DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to ensure that the legal analysis …
Advisory Opinion 284
Download PDF version Parties: Preston Winkelman; Escalante Issued: January 25, 2024 Topic Categories: Complete Land Use Application Compliance with Land Use Regulations Interpretation of Ordinances A City was procedurally correct in accepting an application as complete, but acted unlawfully in approving the application because it did not substantively comply with applicable regulations. The application for “Municipal Project Approval” was complete …
Advisory Opinion 283
Download PDF version Parties: Jacob and Tamara Schellenberg / Cache County Issued: January 22, 2024 Topic Categories: Exactions The County’s ordinances requiring that adjacent roadways meet minimum established roadway standards a condition of subdivision plat approval is legal on its face. Similarly, the County may lawfully impose an in-lieu fee as an alternate method of improving the roadway to established …
