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Show Wednesday, March 14, 2001 The Park Record A-5 City Beat Cove dispute lands in court CITY EDITOR: Jay Hamburger 649-90 1 4 ext 1 1 1 Last summer, some Cove residents hung banners protesting the suit was filed earlier this year by three people unhappy with the A few people angry at three-story triplex; claim the developer made building bigger by Jay Hamburger OF THE RECORD STAFF Three people have filed suit against parties involved with the Cove at Eagle Mountain alleging that one of the buildings in the neighborhood was built too big. In the suit, which was filed in Summit County's 3rd District Court, David Hayes and Thomas and Kelly Trembly say a three-story three-story triplex in the Cove is taller than other buildings and obstructs the views of condominiums behind the triplex. The suit also says the defendants defen-dants did not respond to an ad hoc committee's complaints about the building. The suit alleges fraud, breach of contract, breach of covenant of good faith and fair dealing and breach; of fiduciary duty. In the suit, the plaintiffs argue that the defendants' plans and drawings showed two-story buildings build-ings that had views of the mountains. moun-tains. Eventually, though, in early summer, 2000, the three-story triplex started to be built. About that time, the ad hoc committee of the Homeowners' Association of the Cove at Eagle Mountain told the defendants that it was concerned with the triplex. The suit alleges the defendants did not respond to the complaints and refused to change the triplex. The suit pits Hayes and the Tremblys against Olympus Construction, Eagle Mountain Partners, the Cove at Eagle Mountain and Scott Jaffa. The suit fingers Jaffa particularly. particular-ly. It says Jaffa was the president of the homeowners' association' atieVJ JAY HAMBURGERR4AC RECORD neighborhood's builder. A law- Cove's developer. acted in his own best interest, not the homeowners in the Cove, which is located in Park Meadows. Hayes, who lives at 2752 Gallivan Loop Road, said the lawsuit law-suit addresses a triplex that sits on his block. "They changed it and made it much higher and larger . . . ," Hayes said about the building. Richard Jaffa, who is Olympus Construction's director of operations, opera-tions, declined to speak about the lawsuit. "Until the court case is over it would be inappropriate to comment,'' com-ment,'' Jaffa said. The suit requests unspecified damages, attorney fees, interest and other costs. Several homeowners in the Cove have been unhappy with the defendants for some time. Last summer, in a prelude to the lawsuit, law-suit, a few people in the Cove hung large yellow banners protesting agarAst rhe developer. P.C. offers a farm compromise Park City will renew its efforts to find a suitable plan for the McPolin Farm this week. On Wednesday, the Park City Planning Commission will hear a new proposal from the city, spearheaded by the Parks, Recreation and Beautification Advisory Board, that addresses how the 135-acre farm on S.R. 224 could be used. According to a report written by Planning and Zoning Administrator Pat Putt, details of the application are: Allowing up to eight one-day, one-day, Park City Council-sponsored public events per year. The event applications would be processed by city staffers and then reviewed by the Park City Council, which would approve or deny the event. The permit would allow use of the reconstructed shed and adjacent outdoor areas. The McPolin Barn and a house on the property are not included in the application. Events would draw a maximum maxi-mum of 100 people. Each event will require a city-approved transit plan to take visitors to and from the farm. No parking for patrons will be per mitted on the farm property or on the east side of S.R. 224. Events cannot use additional exterior lighting and temporary structures are not permitted. The Planning Commission discussion dis-cussion is scheduled for its work session, which starts at 5:30 p.m. in the City Council's chambers. A public hearing is slated for the Planning Commission's regular meeting, which begins after the work session. Wednesday's hearing will mark the city's continuing efforts to open the farm for public use. The city poured significant funds into the house and the shed several sev-eral years ago but controversy met the city's ideas to use the farm. Many Parkites argued that the farm should be left as is and there should be little or no activity beyond cross-country skiing and hiking. The talks reached an apex in fall 1999, when the farm entered the City Council election as a hotly debated topic. A compromise was never reached and there has been behind-the-scenes work ongoing for some time in an effort to devise an acceptable policy. Secure City Hall wanted Park City will pour about $25,000 into City Hall in an effort to make the building more secure. Last week, the Park City Council OK'd a $24,973 contract with Automated Security for a closed-circuit television system that will monitor areas inside and outside the Marsac Building, intrusion alarms and automated locking devices. ronce cniei uoya tvans reports that the city received a good deal on the system because Automated Security also handled the system installed at the new transit center on swede Alley. According to an Evans-authored Evans-authored report submitted to the City Council, the system would protect City Hall from thefts and damage by monitoring the building, build-ing, especially overnight, and allow the Police Department to screen people entering the building build-ing after usual business hours. The Police Department has been interested in a security system sys-tem for some time but funding never was allotted. 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