Download PDF version Parties: Greek Orthodox Church of Greater Salt Lake and City of Holladay Issued: February 13, 2008Topic Categories: Exactions on Development A dedication of land as a condition for a building permit is a development exaction, which must satisfy rough proportionality analysis. City did not show how the impact of the new construction created a need for …
Advisory Opinion 29
Download PDF version Parties: Woodside Homes Corporation and City of Kaysville Issued: February 4, 2008Topic Categories: Requirements Imposed On Development Development Bonds Local governments may require completion bonds in order to guarantee that public improvements will be completed. The City may only use bond funds for the purposes expressed in the bond documents. Conditions not expressed in ordinances, statutes, …
Advisory Opinion 28
Download PDF version Parties: North Salt Lake Heights, LLC and North Salt Lake City Issued: January 23, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Approval of an application that would deleteriously impact an easement holder’s ability to enjoy the easement would be irresponsible. The City may condition approval on resolution of issues related to …
Advisory Opinion 27
Download PDF version Parties: Fred & Janet Love and Salt Lake City Issued: December 7, 2007Topic Categories: Compliance With Land Use Ordinances Interpretation of Ordinances City’s interpretation of ordinance is entitled to deference because of the expertise and specialized knowledge of City staff. The City’s approach avoids disputes because it ensures a greater degree of certainty for property owners.DISCLAIMER …
Advisory Opinion 26
Download PDF version Parties: Francis D. Eickbush, Oak Hills Surveying Associates, LC and Utah County Issued: November 29, 2007Topic Categories: Compliance With Land Use Ordinances Subdivision Plat Approval The Utah Code requires that any boundary line adjustment involving an exchange of title to property be reviewed and approved. The exchange of title to property through a boundary line adjustment …
Advisory Opinion 25
Download PDF version Parties: David & Heidi Stapel and Cottonwood Heights Issued: November 29, 2007Topic Categories: Conditional Use Applications A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonable anticipated detrimental effects of the proposed use in accordance with applicable standards.” Standards for conditional uses must be set forth in …
Advisory Opinion 24
Download PDF version Parties: Rory Ukena and South Weber City Issued: November 1, 2007Topic Categories: Exactions on Development Cities can impose exactions upon issuance of building permits or subdivision plat approvals, if the exactions satisfy rough proportionality analysis. The exaction must be justified by the impact caused by the development only, and not on need anticipated by future development.DISCLAIMER …
Advisory Opinion 23
Download PDF version Parties: Christopher Ames & Ames Group, LLC and City of West Jordan Issued: October 23, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance With Land Use Ordinances Subdivision Plat Approval Requirements Imposed On Development . Applicant did not obtain approval from the culinary water authority as required for the preliminary approval of a subdivision. Failure to …
Advisory Opinion 21
Download PDF version Parties: Brian Pitts, Bowler Development, LC and Tooele County Issued: September 7, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Review Within a Reasonable Time Requiring installation of sewer laterals is probably an unacceptable condition if there is no public sewer line. However, requiring “stub” connections for future use may be acceptable.DISCLAIMER …
