Agenda Item Title:
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Effects of Eminent Domain Proceedings
Amend Title 21, Chapter 2, General Provisions, of the Sandy Municipal Code
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Presenter:
Mike Wilcox
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Description/Background:
On behalf of the City, the Public Works Department is proposing to amend Title 21, Chapter 2, General Provisions, of the Sandy Municipal Code. The purpose of the Code Amendment is to provide authority, guidelines, criteria, and procedures for the planning commission to review and grant special exceptions in connection with the city’s eminent domain proceedings or negotiations. At times, it is necessary for the city or state to acquire properties in whole, or in part, from landowners through eminent domain proceedings or negotiations. Properties acquired in part result in remainder parcels that, in some cases, become nonconforming with respect to certain provisions of the Land Development Code. The creation of new non-conformities or increases in the degree of nonconformity of existing legal non-conformities, can impose hardships on landowners and to remainder parcels. This would provide relief from those hardships that have been imposed upon the landowners. The full text of the proposed changes is shown in Exhibit “A”.
A full detailed staff report is attached.
On June 17, 2021, the Planning Commission forwarded a positive recommendation to the City Council to approve this proposed amendment.
On June 22, 2021, staff presented the context of this proposed amendment with the City Council. The proposed language was briefly discussed and staff has made a few minor changes to the proposed Exhibit "A" attached hereto (changes are bolded).
Recommended Action and/or Suggested Motion:
Recommendation
That the City Council adopt the proposed ordinance #21-21, which contains amendments to the Land Development Code as shown in Exhibit “A", for the following reasons:
1. Compliance with the Purpose of the Land Development Code by ...
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