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Show Serving East Juab County - A Nice Place To Live! Volume 94, No. 40 Wednesday, October 2, 1996 10 pages Single Copy Price 50(2 City 'issues peranit ffor horse bam amid then changes its mmind when complaint is made casions Baby horses were kept there when s Correspondent they were weaned, said Karl Carter. In addition horse project animals were A family in the northeast section of kept on the property. the city was told they could build a barn "The horses were never, according to for housing horses and then were told the ordinance, housed there long-terTo build a bam there and house horses they had not been told correctly. The council will devote a work session would expand the use of that property. to the zoning ordinance and the prob- If the zone allows a use to be grandfalem. The city staff will research the thered in, it does not allow the use to minutes of meetings and will look at the be expanded. You cannot have someordinance. thing there you had never had. "We will do our darndest to come up "Why not tell us that we could not with the best result," said Nephi May- have a bam there before we ordered a or Robert Steele. "Maybe at times in the $20,000 building? asked Helen Carter. past, we have allowed expansion when She said the only reason the Carters we should not have. were informed that they did not have The recent zoning ordinance did not the right to erect the bam on their piece change the rights of citizens to have of property was that an older woman animals. The section was not changed complained to the city administrator. and a committee was recently appointMayor Steele said he was sorry about ed to study the rights of residents to the mistake which had been made, howhave animals within city limits. The ever, a building permit had not been committee has been asked for recom- signed. Since there was no building permendations as to places and numbers. mit, he said, the city could inform the However, a use which is not present Carters they did not have the right to cannot be grandfathered in. build such a structure on their propertHelen and Karl Carter told the coun- ycil they thought they were not dealt "You are coming here and telling us with fairly. They were represented at not to enforce our ordinance, said Nephi City Council meeting by Douglas Steele. L. Neely, attorney. Karl Carter asked the council for an "The big question, said David Leav- example of what a grandfathered use itt, city attorney, "is the nature of the would be. Chad Brough, city council member, damage the Carters have suffered. The for will such some city items, explained that the Carters could have negotiate as the cost of footings already laid. had one horse on their property for the "The building can be returned, he past 20 years. All the grandfather clause said. Clearly the market value of the would allow was a continued use of the bam is not the full measure of the dam- property to care for one horse. "You age because most of the cost there can could not build a horse bam because you be recouped. could not expand the use, he said. to said wanted have Carter said he understood that all he he the city Neely staff make copies of earlier ordinances had to do was have one horse there one for him so he and the Carters could see night during the year in order to keep what allowances were on the property the rights to have animals housed on when the Carters purchased it in 1973. the property. use "Lets say in 1951 the ordinance gave "It is true that a t, the right to kept horses there. In 1965, lapses after one year, said Randy the ordinance pared down the number. city administrator. However, he You had 10 horses and you could mainsaid, the use could not be expanded to tain those 10 horses until 1979 when allow 10 horses to be kept on the propthe ordinance was changed. The new erty where only one horse had been ordinance allows only three. You can kept. "You are still expanding the use ifyou still have 10 as long as you keep 10 horses. However, you cant take the number add to the numbers. If you have had one horse and you take the number to two back up to 100, said Leavitt. Leavitt told the Carters that they or to 20, you cant do it, said Leavitt. "I want to do the right thing, said could not build the bam and house horses on the property because it was not Leavitt. Ifthe building were allowed, he allowed by zoning. "You cant grandfa- said, then the city would face a probather in a use that did not exist, he said. ble law suit from the neighbors of the "Horses were never housed on the Carters. If the city council did not allow the construction, the city could face property, said Leavitt. Neely said it wasnt true that horses a law suit from the Carters. "Our goal is to make the right deciwere not kept on the property. They were kept there overnight on many oc sion in this case. In my belief, the ac- By Myrna Trauntvein Times-New- 4-- H tions taken have not been an effort to blackball or to stonewall, said Leavitt. Carter said he had kept more than one horse on the property overnight in the past. Helen Carter said she had talked to McKnight extensively prior to ordering the bam. Glenn Greenhalgh, city plan- ning commission chair, signed a permit Craig Pew, city building inspector, Then, she said, the gave the older woman complained. All of this raises a question in my mind as to whether zoning is being uni- formly administered, said Neely. In addition, said Neely, allowing the bam to be constructed would cut down on the dust and health hazards which could come from horses kept in the open. Just because a mistaken analysis of the situation was made, said Leavitt, it did not mean the ordinance was vague nor did it mean the ordinance was un- ' fairly administered. Helen Carter asked what would have happened if they had just gone ahead and built the bam. "Many times we have made people take down structures, said Steele. Nephi City Council members were asked to change the amount oftime peo- pie are allowed to stay in an RV park, days to three months. We would like to ask the council to grant permission to change our license to allow us to carry visitors longer than 29 days, said LaDaun Ray. Pull throughs have not used the park, which the Rays own, as much as the Rays had hoped. We will not be able to turn a profit unless things are changed, said Ray. The council would have to change the ordinance, said Robert Steele, Nephi mayor. He said the change would cause more problems that leaving it alone. There may be abuse of the law if such a change were allowed, he said. In ad- dition, those providing overnight stop- ping places for RV users, needed to have five acres or more. One of the abuses in the past was that some folks would go to a RV parking lot and would stay months. Many times, in those cases, problems were increased for law enforcement on a local level. I know you have had problems there is the past, said Ray. We would be will- ing to police ourselves because I want to keep the place nice for others. It is to our benefit, said Ray. The trailer courts in the community have had some major law enforcement problems, said Chad Brough, city coun- LaDaun and Larry Ray said they cil member. One thing the council was would like the time changed from 29 seeking in limiting the stay at RV parks d. was to not encourage long stays which would make them into smaller versions of trailer courts, If we allowed you to have a longer stay period, we would be opening a can of worms, he said. Some people are just moving from spot to spot around town, said Ray. We have had requests to allow some struction workers to stay longer than 30 days, she said, Richard Paxman, council member, reminded the Rays that they should have known the requirements of the ordinance when they purchased the RV park. We did, but we were hoping for more overnighters, said Ray. We are not asking you to change the ordinance. We just would like a time change," she said, Perhaps the time could be changed, said Steele. I suppose we could have just as much trouble from someone in 30 days as in 90 days, he said. y time limit Rays thought a would allow for those construction workers to complete a job and be ready to move on. We would appreciate any consideration you could give us, she said, con-an- d 90-da- Council members agreed to give the time limit some thought and study and then to determine what to do. McK-nigh- Council issues resolution in support of Juab County By Myras Trauntvein Times-New- s Correspondent Nephi City council members authorized a resolution agreeing to support Juab County in seeking to obtain property for expansion of the county fairgrounds and the building of a city base ball complex. "I met with the county commission and talked about how we should work together," said Robert Steele, mayor. "We feel like the city should be a cosponsor with the county in proceeding with eminent domain." David Leavitt, city and county attorney, said the county was in a critical stage in seeking the eminent domain. The county cannot demonstrate a need I for all of the property without the planned ball diamonds and complex," he said. The county does own part of the property which still is not paid for. The property was used for parking during the Ute Stampede and a building will be constructed there in the near future. If the county were to put in for the acreage, and won the eminent domain, they would not then be able to sell the property to the city. The previous owner would be given first rights of refusal," said Leavitt. When the right to take property from an individual is evoked by a public entity for the better use of that public, then the need should be there. The entity HOMECOMING 1996 Reigning over Juab High Schools Homecoming activities for 1996 are: John Christensen, King and Tina Howarth, Queen. Attendants are, from left: Megan Welsh, 2nd; Tiffany Ralphs, 1st; and Taraca McPherson, 3rd. Juab High homecoming game Friday at 7 p.m. By Shawns Greenhalgh Monday Homecoming assembly, marshmallow eating contest at lunch, day (church dress), milk chugging contest at lunch. Tuesday Pajama day, pie eating conHomecoming activities began on Sat- test at lunch. Volleyball vs. S. Summit urday, September 28th, with the Main gamemovie followed the volleyball Street windows being painted by mem- game. bers of the various clubs and organizaWednesday Hat day. Powder Puff tions at Juab High School. A special football 5:30 and 6:30, Pep Rally followactivity was planned for each day, Sep- ing powder puff games, and Bon Fire tember 30th through October 5th. immediately after Pep Rally. 0 Continued on page 2 The schedule is as follows. Thursday Decade day, "J day. 4 dress-u- p JHS Correspondent I Volleyball vs. Millard (5:00, 6:00, and 7:00). Friday Color day: Seniors Crimson, -- Juniors-Gol- d, Sophomores-whit- e, Freshmen-b- l ack. Spirit Bowl in the afternoon. Parade 2:30. Football game Juab vs. North Summit at 7:00. Saturday Dance 9:00 (church attire) The community is encouraged to come and show your alumni spirit during Homecoming. |