Geneva Decision - Administrative Appeal Hearing (September 6, 2016)

Appeals and Variance Hearing Officer Document

The Appeals and Hearing Officer has made a decision regarding Geneva Rock Product’s non-conforming use status of 260 acres of real property located at the approximate address of 15547 Minuteman Drive, Draper, Utah and affirmed the Zoning Administrator’s Administrative Interpretation in its totality.

The Hearing Officer concluded:

1) Geneva should be determined to be maintaining a legally established nonconforming use of open land for sand, gravel and rock extractions operations on the 260 acres.

2) Geneva should be allowed to expand sand, gravel and rock extraction operations into open lands on the referenced 260 acres.

3) Crushing, concrete mixing, and batch plan operations should be determined to be a legal conforming use in the M-2 Zone and may continue without restriction regardless of whether material is obtained on-site, brought in by conveyor or brought in by truck on the referenced 260 acres.

This decision can be appealed to the District Court subject to Draper City Municipal Code and Utah Code as outlined below.

Per Draper City Municipal Code Section 9-4-050(h) “Any person aggrieved by a final decision of the Appeals and Variance Hearing Officer may have and maintain a plenary action for relief there from in any court of competent jurisdiction, provided that the petition for such relief is presented to the court within 30 calendar days from the date of the decision of the Appeals and Variance Hearing Officer.”

Per Utah Code Section 10-9a-801(2)(a), “Any person adversely affected by a final decision made in the exercise of or in violation of the provisions of this chapter may file a petition for review of the decision with the district court within 30 days after the local land use decision is final.”