Download PDF version (opens in a new tab)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 …
Advisory Opinion 290
Download PDF version (opens in a new tab)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 …
Advisory Opinion 289
Download PDF version (opens in a new tab)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 …
Advisory Opinion 288
Download PDF version (opens in a new tab)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 …
Advisory Opinion 287
Download PDF version (opens in a new tab)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 …
Advisory Opinion 286
Download PDF version (opens in a new tab)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 …
Advisory Opinion 285
Download PDF version (opens in a new tab)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 …
Advisory Opinion 284
Download PDF version (opens in a new tab)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 …
Advisory Opinion 283
Download PDF version (opens in a new tab)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 …