Download PDF version Parties: Jim Farrell, agent for Howard Kent and Grand County Issued: August 20, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Requiring construction and dedication of a connector road (and a bond for the improvements) is an exaction, which must satisfy rough proportionality analysis. The condition was properly imposed, because it was proposed, discussed, and …
Advisory Opinion 48
Download PDF version Parties: Ensign Development and Tooele City and Tooele County Issued: July 29, 2008Topic Categories: Exactions on Development Requiring construction and dedication of flood control improvements constitutes an exaction, which must satisfy rough proportionality analysis. Flood control is an important public interest, so there is a link between the requirement and a legitimate governmental interest. It remains …
Advisory Opinion 47
Download PDF version Parties: David Grotegut and City of Spanish Fork Issued: July 29, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) The expense of complying with exaction must be roughly equal to the costs the City would incur to address the impact. It also must be remembered that the trail requirement was imposed in exchange …
Advisory Opinion 46
Download PDF version Parties: Garland Hirschi and Town of Rockville Issued: July 15, 2008Topic Categories: Nonconforming Uses & Structures Appealing Land Use Decisions The Property Owner cannot operate a gravel or rock quarry on the properties. Such a use is prohibited under the current zoning ordinance. The 1997 decision denying nonconforming use status must stand. The Property owner cannot …
Advisory Opinion 44
Download PDF version Parties: Ryan Pool & Ron Smith and City of Draper Issued: June 26, 2008Topic Categories: Compelling, Countervailing Public Interests Requirements Imposed On Development A developer and a local government may enter a development agreement, but that agreement must comply with statutory and constitutional restrictions. A local government may not avoid constitutional limits on exactions through contract …
Advisory Opinion 43
Download PDF version Parties: Duane Johnson, D & D Concrete, Inc and Morgan County Issued: June 12, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Requirements Imposed On Development A land use applicant is entitled to approval if the application conforms to land use regulations in effect when a complete application is submitted. There was …
Advisory Opinion 42
Download PDF version Parties: Equidigm Holding, LLC and North Ogden City Issued: May 29, 2008Topic Categories: Exactions on Development A City’s requirement that a Developer purchase an undeveloped public right-of-way from the City, build a road, and then dedicate it back to the City adds unnecessary costs that are not proportional to the impact of the development. There is …
Advisory Opinion 41
Download PDF version Parties: Rory Ukena, Sam Stanger & Mike Clark and South Weber City Issued: May 13, 2008Topic Categories: Exactions on Development Requirements Imposed On Development The Developers are not entitled to reimbursement or a renegotiation of the agreement which allocated costs based on the amount of water being contributed to the basin, not the total size of …
Advisory Opinion 40
Download PDF version Parties: Providence City and Paramount Development, Inc. Issued: April 29, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application A land use applicant is entitled to approval if an application conforms to the requirements of a land use ordinance in effect when a complete application is submitted. The application did conform to subsequently …
