A Salt Lake City appeals hearing officer has denied an appeal by Midwest gas station chain Kum & Go, which has been trying to get approval to build a gas station on private land immediately to the north -west of Sugar House Park.
The opinion upholds a vote by the Planning Commission, which voted to block the gas station for a long list of mostly environmental reasons.
“The Planning Commission must affirm if there is a substantial evidentiary basis in the record to do so,” Appeals Hearing Officer Mary Woodhead wrote in her opinion . “Although some of the Planning Commission’s findings were debatable on the record, the decision below is supported by the findings that the traffic impact was detrimental and could not be mitigated. Thus, the decision can be confirmed below and is confirmed.”
Woodhead specifically pointed to concerns about another car-centric business at the intersection of 2100 South and 1300 East, where the city has guided the convergence of multiple car lanes that lead to daily congestion.
“Because the Planning Commission’s decision regarding the applicant’s inability to mitigate traffic impacts is supported by the record, the following decision is not arbitrary, capricious or unlawful,” Woodhead continued. “The decision of the Planning Commission to deny the conditional use application is affirmed.”
Lawyers for Kum & Go had argued that the hundreds of public comments against the proposal were irrelevant, a notion that Woodhead rejected in his opinion.
“Applicant argues that only the ‘data’ presented by the experts are considered relevant evidence,” Woodhead wrote. “This interpretation would render public comment irrelevant except when offered by experts.”
The decision is not the final step for Kum & Go, which is in the process of being bought by local gas station brand Maverik. Kum & Go has 30 days to appeal in state court to try to overturn the rulings and move forward with the gas station.
Winning approval to build the gas station would likely increase the company’s value to Maverik.
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Posted by Taylor Anderson
Taylor Anderson grew up near Chicago and headed west to study journalism at the University of Montana. He has been a writer for the Chicago Tribune, Bend Bulletin and Salt Lake Tribune. Moving from Portland, Oregon to Salt Lake City opened his eyes to the importance of good urban design in building strong neighborhoods. He lives on the border of the Liberty Wells and Ballpark neighborhoods.
