Agenda Item Title:
Title
Firefly Forest Subdivision - Final Review - Alleged Error Review
3392 E. Deer Hollow Circle
[Community #29 - The Dell]
Body
Presenter:
Mike Wilcox
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Description/Background:
The Appellants (Kelly Powers, Trent Pearce, and Kirk Olsen) have filed an appeal. They have filed an Alleged Error with the Sandy City Board of Adjustment to review a claim that the Sandy City Planning Commission erred in their decision to determine that Final Review of the Firefly Forest Subdivision is complete. One of the original appellants, Zhibin Guo, has rescinded his interest in this appeal. The attorney that wrote the Appellants’ Letter has also removed himself from this matter. These Appellants are property owners that are immediately adjacent to the proposed subdivsion.
On September 12, 2019, the Board of Adjustment held a meeting to hear the arguments both for and against. The Board did determine that the record on this decision is complete and not deficient as demonstrated in the referenced Staff Reports, Planning Commission Minutes, Findings and Conditions, and available recordings of the Planning Commission meetings, and therefore, that the matter can be reviewed on the record, and not de novo. However, they could not arrive at a conclusive motion on a decision to determine if the Planning Commission erred in their determination that Final Review was complete. That decision will need to be made during this upcoming meeting. The Board does not need to receive new information from either party before making a decision, but the Chair may allow for the parties involved to articulate any new arguments based on the existing record (no new information that is not part of the record may be presented). It is not necessary to hear the previous arguments made, since a full recording of the previous meeting is available. The Board of Adjustment members are asked to watch the recording of the September 12th meeting and review the minutes f...
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