Download PDF version Parties: Neighbors, Summit County Issued: November 16, 2021Topic Categories: Appealing Land Use Decisions Conditional Use Applications Summit County Council had a legal obligation to approve a conditional use permit for a commercial horse boarding facility in the Rural Residential zone where the proposed building would be much larger than surrounding homes because they concluded that the …
Advisory Opinion 245
Download PDF version Parties: D.R. Horton, Saratoga Springs City Issued: November 16, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The Developer may only be responsible for providing that portion of the impact they impose, which in this case appears to be at most approximately 49% of the cost of the traffic signal, even though …
Advisory Opinion 244
Download PDF version Parties: Fuja / Woodland Hills City Issued: October 14, 2021Topic Categories: Appealing Land Use Decisions Compliance With Land Use Ordinances Interpretation of Ordinances Requirements Imposed on Development Any alterations to construction approved in a building permit requires the applicant to submit amended plans for review. The proposed amendments must likewise comply with applicable land use regulations, …
Advisory Opinion 243
Download PDF version Parties: ARB Investments, LLC / West Jordan City Issued: September 2, 2021Topic Categories: Exactions on Development In response to the developer’s requested rezone for a proposed residential development, the city has asked a developer to dedicate an off-site portion of property for a future roadway as a condition precedent to favorable legislative approval, and also stated …
Advisory Opinion 242
Download PDF version Parties: Utah Valley Homebuilders Association / Eagle Mountain Issued: July 30, 2021Topic Categories: Impact Fees Act The Utah Valley Home Builders Association raised a general challenge to Eagle Mountain City’s impact fee update by disagreeing with the city’s method of identifying the level of service and advancing alternative assumptions or considerations not adopted by the city …
Advisory Opinion 241
Download PDF version Parties: Troy Green / Weber County Issued: July 16, 2021Topic Categories: Exactions on Development The County’s requirement to dedicate a 33-foot wide strip of land for a future right-of-way to serve future development does not solve a problem created by the property owner’s development proposal. The property owner’s amended plat simply merges two parcels without changing …
Advisory Opinion 240
Download PDF version Parties: Joseph White, Iron Wood Real Estate, LLC; Tooele County Issued: June 10, 2021Topic Categories: Compliance with Mandatory Land Use Ordinances Interpretation of Ordinances The third-party appeals of the PUD concept plan approvals by the County planning commission are without merit. Furthermore, the County’s failure to require a pre-application conference or review the application for completeness …
Advisory Opinion 239
Download PDF version Parties: Harbut & Sawyer / Big Water Town Issued: May 5, 2021Topic Categories: Compelling, Countervailing Interests Compliance With Land Use Ordinances Interpretation of Ordinances The meaning of “subdivision” under Utah Code and local ordinance does not refer to any land division, but to the recorded division of land approved pursuant to a regulatory scheme. Big Water …
Advisory Opinion 238
Download PDF version Parties: Snow Garden Apartments, LLC / Ephraim City Issued: April 16, 2021Topic Categories: Entitlement to Application Approval (Vested Rights) Pending Ordinances Temporary Land Use Ordinances Property owners have a statutory vested right to land use approval at the time of application under ordinances then in effect unless the municipality has already formally initiated proceedings to amend …
