Heights P&Z stumped on splitting flag lots
By Clay Moffitt
December 13, 2006 | RIVER HEIGHTS -- Tony Nielson stumped
the Planning and Zoning Commission last week on whether
a flag lot can be divided, but that's OK, he still wouldn't
be able to build on the lots right away. Nielson plans
on building two homes to be sold on the lots if the
division is approved, but with the frigid December temperatures,
he can't do much until it warms up.
"I was going to have the road paved, but I can't do
that until spring anyway," Nielson said.
The commission members thumbed through the zoning
ordinances, searching for anywhere that might mention
Realizing the group might be looking in vain, Commissioner
Drew Herseth asked, "Are we going to find out if a flag
lot can be divided?"
The commission conceded it really wasn't sure, and
Commissioner Gladys Ann Atwood agreed to contact the
Utah League of Cities and Towns to verify if it complied
with the zoning laws.
The commission said part of the confusion is because
a lot that is a lot longer than wide is designated as
a flag lot and are not sure if that designation can
"We need to have more information about this," Commissioner
Carolyn Bentley concluded.
Even if the commission determines the lot can be divided,
there were a few other zoning ordinances the group expressed
concern with the lot. For example, all points on the
property need to be within at least 450 feet of a fire
hydrant. Also according to the ordinance, "each lot
must abut with a city maintained street."
The commission members also conceded they wished former
commission member Blake Wright were still on the commission,
being the individual most familiar with the zoning documentation.
To which Nielson informed the group he is a long-time
acquaintance of Wright and consulted with him in regards
to the lot.
"If it counts for anything, I talked to him (Wright)
before I even bought the lot," Nielson said while the
group was looking through the ordinance books.
Nielson agreed to measure the distance from the nearest
fire hydrant and email the group at his findings. And
the commission agreed to check with the Utah League
and receive confirmation before the next commission
meeting, which will be held on Jan. 2.