A legal dispute over a large backyard structure on 900 West in American Fork is heading toward court, according to a September 17 report by the Lehi Free Press. A Lehi resident, Dale Stewart, informed the American Fork City Council during its Sept. 8 meeting that he has retained an attorney and intends to seek an injunction regarding the project.
The structure, located at 731 N 900 W, was approved by the city's Development Review Committee on April 6. City records indicate the building has a 7,910-square-foot footprint and a total of 11,146 square feet, standing approximately 35 feet tall. Stewart, whose property abuts the structure, alleges the approval was based on incorrect measurements of the required rear yard.
According to Stewart, city planner Cody Opperman told him on Aug. 24 that the city measured the rear yard from the front of the home rather than the rear wall. While Patrick O'Brien, the director of development services, acknowledged in an Aug. 25 email that a side yard needed to be calculated and that measurements should start from the rear of the dwelling, Stewart claims the city's subsequent drawing incorrectly labeled an attached addition as a detached structure.
Stewart argues that using the full, attached dwelling results in a rear yard of roughly 28,181 square feet. He contends the structure's 7,910-square-foot footprint represents 28.1% of that space, exceeding the 25% cap established by Section 17.5.105(1)(f) of the city code. Additionally, Stewart stated the building's height, including a decorative cupola, could reach 37.5 feet, which exceeds the city's 35-foot maximum.
Following the Sept. 8 council meeting, American Fork city administrator David Bunker requested that all further communication regarding the matter proceed through city attorney Heather Schriever. This follows a previous incident in which Mayor Frost noted the need for rules that prevent disruptive structures while remaining flexible.
