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Show The Park Record A-5 Saturday, September 29, 2001 OUBlt v Seat COUNTY EDITOR: Tim Sullivan 649-9914 ext 1 12 Daley loses with Adjusters Board, like commission, feels that hilltop builder should Ve inquired about code change by Tim Sullivan OP, THE RECORD STAFF Bruce Daley received a similar answer from the Summit County Bdard of Adjustments to the one he got from the County Commission: Yoi) should've known that you couldnt build your house on top of that hill-Daley hill-Daley and his attorney, Bruce Baird, must not have been expect- lng a reversal ot the commissions he added, the inconsistency in the planners' directives to Daley should have alerted him to pursue a higher degree of inquiry. Clyde said that it was his opinion that, "in the dead of winter, Mr. Daley went up there and dug himself him-self an estoppel." I think the county staff really screwed up...But I don't think there's July decision to revoke his building quite enough Were. - Jonathan DeGray Chair,' Board of Adjustment permit for a bouse that clearly violates vio-lates county ridgeline building prohibitions. pro-hibitions. In the hearing's final moments, Baird urged the board to i move along and deliver the 'no,' announcing that he had already scheduled a trial date in front of Third District Court Judge Robert Hilder in November. "Let's just put it this way," Baird said after the hearing, "we werent surprised." The board's four members (fifth member Don Sargent recused himself him-self from the deliberations because, as a county planner, he was involved with the permitting process for Daley's house) heard about an hour and a half of testimony from Baird, Daley, Deputy County Attorney Jamie" Bracken and County Code Enforcement Officer Jennifer Strader Tuesday evening before rendering ren-dering its decision to uphold the commission's findings. Board members acknowledged the county's mistakes in dealing with Daley, the basis of Baird's estoppel argument Baird argues that county planners never told Daley the development devel-opment code had changed to bar building on ridgetops, and only put a halt to the project after he had spent $250,000 on construction. "I think the county staff really screwed up," said Board Chair Jonathan DeGray. "This , one was monster." But, DeGray continued, "I dont think tiered quite enough there to overturn the commission's decision." deci-sion." Board member Tom Clyde agreed. He said the haziness of words like 'sensitive' and 'discouraged' 'discour-aged' used by planner "Senta Beyer to prevent Daley from building on a ridgeline, troubled him. However, Daley's exchanges with the Summit County planning department depart-ment date back to the mid-1990s, when the Tucson, Ariz., resident allegedly told planners he wanted to find the most spectacular hilltop and build his retirement home squarely on top of it. At that time, however, the Summit County code did not strictly prohibit ridgetop building, and in a 1997 letter, planner Kevin Deis informed Daley that he could build "anywhere on the lot" as long as he met setback requirements. By the time the code had changed, in 1998, Daley claims he believed he was grandfathered into building on the ridgeline, the reason he ignored Beyert discouragement of such practice when she granted him a low impact permit in June of 1999. Daley further claims that senior planner Cordell Batt did not make him aware of the prohibition when he signed a building permit for Daley last November. It was only when "the steel went up that everyone freaked," said Baird. Baird also took issue with the County Commission's assertion asser-tion that Daley house is the only building under construction that is violating the ridgeline prohibition. Baird spent several minutes Tuesday displaying photographs taken of structures that he believes violate the ridgeline. But when the attorney showed the photos to Strader, she said she didnt believe they violated the county code. Judge Hilder will hear the matter in a bench trial on November 14. oimfam mm Park City's Finest Cleaning Servicel Homes Condos Janitorial We Do Windows! Carpet Cleaning! After Construction Clean-up! 649-2 3 70 Bonded Licensed Insured Call Today for a Free Estimate! cashaka pork loin ceviche paella 0 0) 0 i 5 0 c t t I 00 p k to 6 h to L i O 0 b to o E to Cti L j C 0 6 Come party on us! We invite you to experience our Nuevo Latino Cuisine fall menu. Bring in this ad for lunch or dinner, and receive the following discounts on your entrees: - Zona Rosa is open Wednesday - Sunday Lunch: 1 1:30am - 4:00pm Dinner: 5:30pm - Closing 501 Main Street, Park City Call 645-0700 for reservations DABC Licensee f a j I tas grilled shrimp u CD X 0 a o IT mtmm CD CD 3 U CD 0) CO $D 3 o 3 O IT o X 0 3 c r r 0 . "I 0 0) -h 0 CD X CD O CD CD "D I COPY1 ANA IAM FOR MAYOR! 'f1 ',.1' 0 h i r - s ' 4. ! 'J a ,v m inr mm mm dfec WILL V '( ALL OF ID |