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 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 …
Advisory Opinion 20
Download PDF version Parties: Hamlet Homes and Draper City Issued: August 9, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances A local government shall approve an application that complies with all of the locality’s requirements. An application should be processed and acted upon with reasonable diligence.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort …
Advisory Opinion 19
Download PDF version Parties: Scott Webber & Patrick Hayes and City of Washington Terrace Issued: August 9, 2007Topic Categories: Entitlement to Application Approval (Vesting) Pending Ordinances Compliance with Mandatory Land Use Ordinances A city may deny a land use application if there is an ordinance change pending when the application is made. An ordinance is considered pending when a …
Advisory Opinion 17
Download PDF version Parties: Uinta Academy, LC and Cache County Issued: June 28, 2007Topic Categories: Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Substantive Land Use Review Temporary Land Use Ordinances County is not required to enact a temporary ordinance in order to deny Property Owner’s application. Since the County’s zoning ordinance prohibited the proposed use, it …
Advisory Opinion 14
Download PDF version Parties: Michael Moyal and MBI, LLC and Ogden City Issued: April 16, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance with Mandatory Land Use Ordinances Temporary Land Use Ordinances Utah law requires the finding of a “compelling, countervailing public interest” to support the enactment of a temporary land use ordinance (or “moratorium”). The City’s findings …
Advisory Opinion 13
Download PDF version Parties: Pam Wixom and the City of West Haven Issued: March 15, 2007Topic Categories: Entitlement to Application Approval (Vested Rights) The decision to deny an application for a lot split was supported by substantial evidence in the record and was not arbitrary, capricious, or illegal.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
Advisory Opinion 9
Download PDF version Parties: James Bean and Salt Lake City Issued: December 16, 2006Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The City’s required setbacks were defined precisely, and the City had no discretion to approve a structure that did not comply with the setbacks. The Property Owner could rely upon the representations made by the …
