Agenda Item Title:
Title
Falls Creek Estates Subdivision (Alleged Error Appeal
2873 and 2851 E. Wasatch Blvd.
[Community #28, Pepper Dell]
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
The appellants, Garrett and Samantha Lisi (represented by the law firm Clyde, Snow & Sessions), have requested the Board of Adjustment review an alleged error by the Planning Commission in their decision to determine preliminary submission review was complete on the Falls Creek Estates Subdivision located at 2873 and 2851 E Wasatch Blvd. The Lisi’s own the neighboring property at 2859 E. Wasatch Blvd. and have claimed that they were adversely impacted by the decision.
On November 20, 2025, the Planning Commission held a public meeting for preliminary subdivision review of the Falls Creek Estates Subdivision, which proposed to adjust property lines between a lot and an abutting remnant parcel to create one additional lot. The Planning Commission determined that the preliminary subdivision review for the Falls Creek Estates Subdivision was substantially complete with conditions. The appellant asserts that the Planning Commission erred in their decision because they believe the decision was illegal, as well as arbitrary and capricious (see Exhibit "A"). In response to this appeal, the owner and applicant of the Falls Creek Estates Subdivision, Ivory Development, LLC, submitted a brief to address the arguments of the appeal (see Exhibit "B").
Please refer to the staff report and all exhibits for full details on this case.
Recommended Action and/or Suggested Motion:
Recommendation
The applicant has not met their burden of proving that the Planning Commission decision was illegal or so unreasonable as to be arbitrary and capricious. The appellant bears the burden of proving that the land use authority erred. It is not enough to show that one could reasonably reach a different conclusion on the facts if there is a reasonable basis for the decision reached by the Planning Commission.
Based upon the foregoing the Board of Adjustment should conclude that the Planning Commission did not err in making their decision to determine the preliminary subdivision review was substantially complete for the Falls Creek Estates Subdivision and adopt the following findings:
1. The record of this decision is sufficient and not deficient as demonstrated in the referenced staff reports and associated exhibits and other information in the record; therefore, this matter can be reviewed on the record.
2. The appellants have not shown that the Planning Commission’s decision was an incorrect interpretation of a land use regulation or is contrary to law.
3. The appellants have not shown that there was no reasonable basis to justify the action taken, and the determinations made were so unreasonable as to be arbitrary and capricious.
4. Based on the findings cited in their motion and evidence cited in the record, the Planning Commission determination was processed as required by the Sandy Land Development Code and Utah Code.
5. Therefore, the Planning Commission’s decision was correct in its decision and application of the Land Development Code.