Agenda Item Title:
Title
Appeal to Review Alleged Error of the Planning Commission for the Willow Creek Country Club Conditional Use Permit
8505 S Willow Creek Drive
[Community #18, Willow Creek]
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
The appellants Steven Harries, Erin Harries, Brad Fogg, Mindy Fogg, Vivian Vonk, and Leonard Furus are represented by Amy C. Walker of Miller Harrison, LLC (“Appellants”). On the Appellants’ behalf, Amy Walker has filed a request with the Sandy City Board of Adjustment to review an alleged error of the Planning Commission’s decision regarding the Willow Creek Country Club's Conditional Use Permit and Preliminary Site Plan Review for the reconstruction and relocation of the existing maintenance area facilities for the property located at approximately 8505 Willow Creek Drive.
See the attached staff report and all exhibits for full details.
Recommended Action and/or Suggested Motion:
Recommendation
The applicant has not met their burden of proving that the Planning Commission decision was so unreasonable as to be arbitrary and capricious. As stated in the ordinance cited, 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 determination to approve with conditions the Conditional Use Permit and Preliminary Site Plan Review, and adopt the following findings:
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, and not de novo.
2. The appellants have not...
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