Download PDF version Parties: Shane Carlson and Salt Lake City Issued: April 28, 2008Topic Categories: Nonconforming Uses & Structures Interpretation of Ordinances A proposed change in ownership from an apartment complex to condominium ownership was not a “change in use.” The definition of “change of use” specifically stated that a change in ownership is not a change in use. …
Advisory Opinion 38
Download PDF version Parties: Weston Ault and Town of Cedar Fort Issued: April 16, 2008Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances The Town’s ordinance states that “buildings and storage sheds” are subject to setbacks. Even though “storage shed” is not defined, its inclusion in the ordinance cannot be ignored. A storage shed is commonly understood to …
Advisory Opinion 37
Download PDF version Parties: David Mansell and City of Santa Clara Issued: April 8, 2008Topic Categories: Compelling, Countervailing Public Interests Requirements Imposed On Development The Developer met the requirements of the City’s code, by obtaining a geotechnical analysis by a qualified expert. The City’s concerns about soil stability were legitimate, but the expert report addressed those concerns and showed …
Advisory Opinion 36
Download PDF version Parties: Loafer Rim Properties, LC and City of Salem Issued: April 8, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Subdivision Plat Approval A federal agency likely has a valid claim to a canal and a right of way for access, but the width, extent and restricted uses of such a right-of-way have not been determined. …
Advisory Opinion 35
Download PDF version Parties: City of Holladay and the Greek Orthodox Church of Greater Salt Lake Issued: March 31, 2008Topic Categories: Exactions on Development The statute of limitations prohibits government entities from asserting title or other right to real property after seven years. However, adverse possession may be an appropriate way for the public to enforce a claim of …
Advisory Opinion 34
Download PDF version Parties: H. Blaine Walker and City of Cottonwood Heights Issued: March 25, 2008Topic Categories: Conditional Uses According to Utah law, a conditional use permit may only be denied if it is shown that the detrimental effects of the use cannot be mitigated by imposing reasonable conditions. A local government must first identify the possible detrimental effects …
Advisory Opinion 33
Download PDF version Parties: Danville Land Investments, LLC and Draper City Issued: March 12, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Compliance With Land Use Ordinances Review for Application Completeness According to the Utah Code, an application will be deemed complete if the local government has not notified the applicant that it is deficient …
Advisory Opinion 32
Download PDF version Parties: Ivory Development, LLC and City of Draper Issued: February 28, 2008Topic Categories: Exactions on Development A local government’s requirement that Developer construct improvements is an exaction which must satisfy the limitations imposed by the Utah Code; otherwise, it will amount to a regulatory taking, for which compensation may be required. The local government bears the …
Advisory Opinion 31
Download PDF version Parties: Ivory Development, LLC and City of Draper Issued: February 28, 2008Topic Categories: Exactions on Development Development Bonds Warranty bonds are development exactions, and they are subject to rough proportionality analysis. It is unjust to force Developer to pay for damage caused by normal use simply because it occurred within the warranty period, when, at any …
