Lehi zoning board informally backs after‑the‑fact dirt driveway behind 203 Post Road, final decision deferred

Lehi’s Zoning Board of Appeals took public testimony and an informal roll‑call on a request to approve an existing dirt driveway behind Building B at 203 Post Road, Map 108 Lot 038, that lies within the 75‑foot Shoreland Overlay District. The hearing produced an informal majority in favor of approval with conditions, but the board did not issue a final decision; members said they will vote after written findings of fact are drafted and reviewed at the next meeting.

The matter was presented to the board as an after‑the‑fact request for approval. The agenda listed the owner as Nayan Patel; the person who testified identified himself as Matt Patel and said he purchased the property in December 2021. Patel said the unpaved driveway was built by a previous owner around 2007 (the exact construction date is not known), was used intermittently by a waste hauler (Casella) to access a dumpster behind Building B, and has been gated at both ends in recent months. He told the board he does not plan any improvements to the road and does not intend regular use of it.

The board chair read the ordinance language establishing the board’s jurisdiction, citing the code sections presented in the staff packet: the board’s general powers (cited in the hearing as “145607a”) and the specific authority permitting roads and driveways in the Resource Protection and Shoreland Overlay Districts (cited in the hearing as “14532E2” and “14533F1”). A planning/code office staff member told the board the planning board had required the applicant to bring the driveway into compliance as a condition of prior site plan review.

Board members who spoke characterized the driveway as existing, unpaved, and minimally intrusive. One member said, “I think it just this one kinda comes down to common sense, really,” and argued that removing the existing dirt surface and regrading or paving could cause more environmental harm than leaving it in place. Several members expressed support for approval so long as the access is not paved, widened or otherwise improved, and only routine maintenance (for example, repairs after storm washouts) would be permitted.

The fire chief’s office had told staff it was reasonable to retain the access for emergency vehicle circulation; the chief did not appear at the hearing but was referenced by staff and the applicant. The applicant confirmed the driveway is currently gated and that access is intended to be intermittent.

The board closed the public hearing by formal motion and vote. Members then conducted an informal poll of those present, with a majority stating they would be inclined to grant approval under the following conditions: the driveway remain unpaved; it not be widened or otherwise altered; and only maintenance to restore it to its current condition after storm damage would be allowed. The board emphasized that this was not a final action — the body will draft findings of fact and return the item for a formal vote at the next meeting (board members mentioned a meeting on Nov. 10 or 11 as the likely time to reconvene, but the exact date will be confirmed by staff).

No final approval, variance, or written decision was adopted at the hearing. Board members asked staff to prepare draft findings of fact (a past case, Green and Company at Blacksmith Brook, was suggested as an example) and cautioned members not to communicate about the case outside a public meeting. The applicant was told the board’s inclination appeared favorable but that a final outcome depends on the written findings and a subsequent formal vote.

If the board approves the findings and votes to accept them at the next meeting, the approval would apply only to the existing condition described in the record — the approximately 75‑foot section of dirt driveway within the Shoreland Overlay District — and would carry the no‑paving/no‑widening/maintenance‑only stipulations discussed during deliberations.