utahapa

Help-duplex by 100 foot breezeway

Sat, 22 Nov 2008 02:25:00 GMT

Okay, need some help here. We have an applicant for a conditional use permit requesting to build a two family dwelling via a 100' breezeway. Anyone dealt with this situation before? Any case law or findings used in this kind of case would be greatly appreciated. Sherrie Christensen, AICP Morgan County Community Development Director 48 West Young St. #32 P.O. Box 886 Morgan, UT 84050 801-845-6091 This Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Â§Â§ 2510-2521 and is legally privileged. The information contained in this Email is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by collect telephone call at (801) 845-4008 and destroy the original message.

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APA Training Program for Zoning Board Members

Thu, 20 Nov 2008 02:30:00 GMT

<div class=Section1> Train Your Zoning Board <o:p></o:p> Are you looking for a ready-made training program for your zoning board members? APA and the Lincoln Institute of Land Policy have are sponsoring an audio/web conference called Introduction to the Zoning Board of Adjustment. This program prepares zoning board members for their vital role in planning successful communities. <o:p></o:p> Topics include the operation of the zoning board, conducting sound public meetings, taking testimony, assessing reports and presentations, and making meetings accessible. Presenters also review practices that commonly lead to litigation. Participants learn about variances, how to develop defensible findings of fact, and guidelines for conditional and special uses. Throughout, ZBA members will learn not only legal, but also ethical, decision making. The program provides resource materials on key planning concepts and includes guidelines for preparing a local, follow-up module. <o:p></o:p> Introduction to the Zoning Board of Adjustment December 3, 2008, 3:00 p.m.–4:30 p.m., E.T. or 7:00 p.m.–8:30 p.m., E.T. <o:p></o:p> Visit <a href="http://www.planning.org/audioconference">www.planning.org/audioconference</a> to read more information about the conference and for convenient online registration. <o:p></o:p> Pass this announcement along to any of your members or associates who may find this training useful. <o:p></o:p> Please contact Sarah Lutz at 312-786-6729 or <a href="mailto:education@planning.org">education@planning.org</a> if you have any questions about the conference or registration.<o:p></o:p> Sarah J. Lutz, AICP Education Associate American Planning Association 312-786-6729 <o:p></o:p> </div>

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How was your commute this morning? Ride the Train!

Wed, 12 Nov 2008 23:05:00 GMT

<div class=Section1> Photo taken by Alma Haskell morning of 10/31/08 from UTA’s Frontline Headquarters <o:p></o:p> <o:p> </o:p>  <o:p></o:p> <img width=1741 height=1306 id="_x0000_i1026" src="cid:image001.jpg@01C93D90.7D29B4C0"> <o:p></o:p> <o:p> </o:p> </div>

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Envision Morgan

Wed, 12 Nov 2008 18:15:00 GMT

<div class=Section1> <o:p> </o:p> Envision Utah is presenting "Envision Morgan" November 12th and 13th at the Morgan county offices.  Both open houses will be held at the Morgan County Building, located at 48 W. Young St., in Morgan City. Please RSVP to Mary at <a href="mailto:mdavies@envisionutah.org">mdavies@envisionutah.org</a> or (801) 303-1459.<o:p></o:p> </div>

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Job Announcement - Transportation Planner

Wed, 12 Nov 2008 18:05:00 GMT

<div class=Section1> <o:p> </o:p> Park City Municipal Corporation, Park City, Utah<o:p></o:p> Transportation Planner<o:p></o:p> <o:p> </o:p> Full time-regular $42,840 – $63,240/yr DOQ plus excellent government benefits, such as Health and Dental Insurance, Utah Retirement Systems, Employee Wellness Program, 401a and 457 Retirement and Investment opportunities, Flexible Spending Program and other discounted benefit opportunities. <o:p></o:p> <o:p> </o:p> Under the direction of the Deputy Public Works Director provides professional expertise and performs professional duties as assigned and/or directed.  Exercises independent judgment, decision making, project management and professional level analysis.  Compiles and analyzes transportation, transit and traffic data. Develops recommendations and professional level reports and presentations.  Manages traffic signage, road striping, and traffic calming projects. Works with the general public to respond and resolve queries regarding transportation related issues.<o:p></o:p> <o:p> </o:p> Required:  Bachelor’s Degree from an accredited College or University in planning, engineering, or related field Advance knowledge of Microsoft Excel applications.  Ability to type 55 wpm.  Three years demonstrated experience in a traffic planning or engineering, transportation planning or engineering and/or traffic management field. <o:p></o:p> Preferred:  Public sector experience, master’s Degree in a related field from an accredited college or university.<o:p></o:p> <o:p> </o:p> Apply:  PCMC HR Dept., P.O. Box 1480, Park City, UT  84060, fax (435) 615-4902, <o:p></o:p> e-mail <a href="mailto:swynne@parkcity.org">swynne@parkcity.org</a>.  Applications and job details available on line http://www.parkcity.org. Closes November 21th, 2008  EOE<o:p></o:p> <o:p> </o:p> <o:p> </o:p> <o:p> </o:p> <o:p> </o:p> </div>

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Heritage Foundation Seeking presenters

Mon, 10 Nov 2008 18:15:00 GMT

<div class=Section1> The Utah Heritage Foundation is seeking Education Sessions for their annual state-wide preservation conference that highlight models and strategies that conference attendees can apply in their own communities. Sessions that present multiple case studies or solutions to specific preservation problems are of special interest, as are sessions built around preservation in Utah.  The form for proposal can be found at <a href="http://www.utahheritagefoundation.com/tours-and-events/preservation-conference/2009pc/182-edusessionform">http://www.utahheritagefoundation.com/tours-and-events/preservation-conference/2009pc/182-edusessionform</a><o:p></o:p> <o:p> </o:p> </div>

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Planning Secretary Position

Mon, 10 Nov 2008 18:10:00 GMT

<div class=Section1> <a name="OLE_LINK1">Planning Secretary - City of Highland, Utah.  One planning secretary position open immediately.  Duties include daily communication of all local land use and zoning laws, planning processes, noticing, processing planning permits, and other clerical duties.  Recording public meetings two nights a month required.  Previous experience in urban planning, architecture, landscape architecture, construction or a closely related field is preferred but not required.  A broad knowledge of word processing software with good technical writing skills is a must.  Knowledge of In-design and other graphic software is preferred but not required.  Self motivation, attention to detail and excellent customer service a must.  Salary: Level 8; $2,416 – 2,537/mo. plus benefits DOE. Please visit our website </a><a href="http://www.highlandcity.org/">www.highlandcity.org</a> for more detailed information.  Please submit your resume before November 21, 2008 to Highland City, 5400 W Civic Center Drive, Suite 1, Highland Utah 84003.<o:p></o:p> <o:p> </o:p> </div>

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FW: Invite to Community Fire Planning (WUI) Institute in Salt Lake on Dec 1

Mon, 10 Nov 2008 17:55:00 GMT

Wildland Urban Interface institute is bringing the conference to you December 18th for a 3 hour webinar to include a live Q and A session with the instructor.  For more information please go to <A HREF="http://www.iccsafe.org/training/webinar/2006WUIC.html">http://www.iccsafe.org/training/webinar/2006WUIC.html</A>

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CM for fall conference

Mon, 10 Nov 2008 16:40:00 GMT

<div class=Section1> There were problems with the CM approval process for the fall conference.  Most of these have been resolved, and the remainder will be soon.  You may notice that the AICP session is only showing as 1 credit, and that the law session is not showing as law credits.  These will be resolved and a note will be sent on this list serve.<o:p></o:p> <o:p> </o:p> Sorry for any inconvenience,  <o:p></o:p> <o:p> </o:p> Mirinda Schiele<o:p></o:p> Chapter Administrator, APAU<o:p></o:p> utah-apa@utah-apa.org<o:p></o:p> P.O. Box 701443<o:p></o:p> WVC, UT 84170<o:p></o:p> 801-326-9116<o:p></o:p> <o:p> </o:p> </div>

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Dont forget your Lanyard

Wed, 05 Nov 2008 19:55:00 GMT

<div class=Section1> Please see attached and we will see you tomorrow.<o:p></o:p> </div>

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Limitation on Land Use Initiatives Struck Down

Tue, 04 Nov 2008 16:25:00 GMT

As you may have read in recent news articles, the Utah Supreme Court has issued a ruling striking down amendments to Section 20A-7-401 of the Utah Code which limited the power of the people to initiate a land use ordinance. The amendment was enacted in the last session of the Legislature by Senate Bill 53, sponsored by Rep. Goodfellow. SB 53's prohibition on land use initiatives was thought to simply reflect the rule in a fifty-year-old Utah case, Dewey v. Doxey-Layton Realty Co., 277 P.2d 805 (Utah 1954). That case held that rezoning by initiative was not possible because it would bypass procedural due process notice and hearing requirements contained in the then-existing zoning enabling statute. Those requirements are still included in the current versions of the municipal and county Land Use, Development and Management Acts (except for temporary zoning regulations). This case involves a request to build a coal-fired power generation plant in Sevier County. Project opponents prepared a legally sufficient initiative petition to require (i) voter approval of any conditional use permit for such a power plant and (ii) revocation of a conditional use permit issued after the initiative petition was filed. Under the Utah Constitution legislative power is vested equally in the Legislature and the people of the state. While the Legislature may enact laws establishing the conditions, manner and time within which the initiative power may be exercised, it may not directly prohibit an initiative which meets these procedural requirements. Pursuant to a challenge by Sevier Power, the District Court ruled that SB 53's statutory ban on initiating a land use ordinance did not conflict with the people's initiative rights. The Supreme Court disagreed and held that because the people have constitutionally reserved the right to initiate any desired legislation for approval or rejection by the voters, an initiative may address "any substantive topic and any legislative act, unless forbidden by the constitution." The Court found the amendment enacted by SB 53 to be unconstitutional because it effectively allowed the Legislature to completely foreclose the people's initiative right in land use matters. While the Court did not address the holding in the Doxey case, it seems to have implicitly overruled it. Similarly, the Court did not address the question of whether a conditional use permit, as an administrative matter, can be subject to voter approval. It did say that "matters presented as initiative measures which address administrative actions are not suitable for legislative action by the people through initiative, but are more properly left to officers of government." The Court also observed that "when an initiative seeks to undo an accomplished action taken pursuant to an existing law, it most likely falls within the administrative action category." The essential message of this case is the people plainly have the right to initiate any new law. Whether such a law will eventually pass legal muster is an issue for another day. This case raises a number of very interesting and important questions which will likely be addressed in future litigation. You can read a copy of the opinion here: <a href="http://www.utcourts.gov/opinions/supopin/SevierPower101708.pdf">http://www.utcourts.gov/opinions/supopin/SevierPower101708.pdf</a> Neil Lindberg Chair, APA Utah Legal Committee (801) 553-6416

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