Download PDF version Parties: Kevin Dudley (Parley Dudley) and City of Salem Issued: November 18, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) An easement must either be in writing or evidenced by actual use. Without sufficient proof of an easement, it cannot be said that the Property Owner has access to a public road. Without access, the lot …
Advisory Opinion 54
Download PDF version Parties: Gary McDougal and City of Eagle Mountain Issued: November 5, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances Setback requirements are primarily imposed when construction begins, but a developer may rely upon existing setbacks when designing a subdivision plat. To the extent that existing setbacks were relied upon, …
Advisory Opinion 45
Download PDF version Parties: Mike Gabel and Summit County Issued: November 3, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Interpretation of Ordinances A Developer may claim vested rights in the density, or number of units that can be built, but standards and conditions expressed elsewhere in zoning ordinances may affect the maximum allowable number …
Advisory Opinion 53
Download PDF version Parties: Tim & Nancy Kriser and City of Mapleton Issued: October 22, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A city ordinance which voided a subdivision plat for failure to record was valid. Local governments may require construction and dedication of …
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 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 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 …
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 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 …
