Wells v. Board of Adjustment of Salt Lake City Corp.

OPINION

WILKINS, Associate Presiding Judge:

Petitioners appeal the district court’s order granting respondents’ motion for summary judgment, which affirmed the Board of Adjustment’s (Board) decision to grant TTJ Partnership and Gastronomy, Inc.’s application for a variance from the zoning ordinances requiring a ten-foot landscaped rear yard for the Market Street Broiler and Fish Market (the restaurant). We reverse the order granting summary judgment and vacate the Board’s decision granting the restaurant’s variance.

BACKGROUND

In 1982, respondents TTJ Partnership and Gastronomy, Inc. converted a…