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Show Unconstitutional decision? Pipeline approved; flag lot denied By GARY R. BLODGETT BOUNTIFUL-Moving ahead after a slow start, construction will begin soon for a new pipeline project of the Pineview Hydroelectric Hydro-electric plant near Huntsville in Ogden Canyon. Bountiful City Council accepted the low bid of $138,000 for fabricated fab-ricated pipe to be installed at the plant which is located at the overflow over-flow at the west end of the reservoir. reser-voir. The engineer's estimate was for $202,000. A representative for Bingham Engineering Company said there were six bids ranging from the low bid to a high bid of $240,000. Asked As-ked why there was such a discrepancy discre-pancy between the engineer's esti-' esti-' mate and the low bid, he replied: "The low bidder had a considerable consider-able amount of pipe on hand and was able to take advantage of the flexible steel market," assuring the council that the pipe met minimum standards and that the company is reputable. The project is to be completed by March 1, in time for the spring irrigation irri-gation season. Because of action taken earlier this year, Bountiful has purchased a portion of the hydro-electric project and will begin receiving power during dur-ing the peak power season this summer. In other action, the council denied de-nied by a 4-0 vote an application by a Bountiful resident to revise the city's ci-ty's overlay zone boundary to allow construction of a home on a 'flag' lot north of 500 North between 1000 and 1050 East. The petition was from Barry W. Culmer, who told the council that he wanted to build a single dwelling home at the rear of the flag lot but needed a variance from the city because be-cause he does not meet the city zoning zon-ing ordinance which requires an 80-foot frontage. He told the council coun-cil that he had only a 50-foot frontage fron-tage and a 35-foot-wide easement into the rear of the property. Attorney Ralph Petty, representing repre-senting the plaintiff, told the council that since the city allows flag lots in the city, it would 'be unconstitutional' unconstitu-tional' for the city to deny his client the right to build a home on his flag lot. "That's ridiculous," said City Engineer Jack Balling. "Our decision de-cision is based on existing city ordinance or-dinance and nothing else. Without an 80-foot frontage the lot is not suitable for construction of a home." Mayor Stahle emphasized that what the city allows for one owner, the same consideration must be given gi-ven to others in a similar situation. Moments later, another resident stepped forward and told the council coun-cil that if an allowance is given in this case, he, too, would petition the council for the same consideration. Councilman Harold Shafter, representing rep-resenting the City Planning Commission, Com-mission, told the council that the commission felt the request would be for 'spot zoning,' and should not be allowed. Council members suggested that property owners get together and improve 600 North and Davis Boulevard which would provide properties in that area with access and sufficient frontage to meet the city ordinance for building a home. -1 |