Known as the “Bransford Parcels,” the nearly 40 acres are located just off Flagstaff Peak close to the Trump ski run at Deer Valley.
The Bransford Land Company has owned portions of the land for nearly 100 years, and it’s now seeking to rezone six acres from open space to estate. That would allow for two homes to be built there. The commission has signaled it would like the home sizes to be limited to 10,000 square feet, which is in line with the neighboring Red Cloud subdivision.
More than 80% of the total land would be placed under a conservation easement as a condition of approval.
One of the main questions from the commission so far has been about access to the property. At the last meeting on the rezone, the owners said they have several options; however, a courtroom decision could impact that.
Extell Development owns 36 acres adjacent to the Bransford Parcels. In 2020 Extell sued Bransford, arguing that the access road to the Bransford property uses their adjacent land and they haven’t given permission for that.
In a letter to the planning commission, lawyers representing Extell wrote that Bransford “has no access to its parcels and no ability to connect utilities.”
In response, the Bransford family argued that it’s used the road for decades, and therefore qualifies for a prescriptive easement, which recognizes long-standing usage.
In a presentation to the planning commission, Bransford added that its access has been approved by the Empire Pass Master Owners Association and the Red Cloud HOA.
The lawsuit is ongoing in Third District Court.
The commission meets in city council chambers at the Marsac Building at 5:30 p.m. Wednesday. The commission could forward a positive or negative recommendation to the city council, or it could ask for more time to review the application.
The agenda and a link to attend virtually can be found here.
