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Show Contract Zoning Initiated 7 - N.' WEST VALLEY. In character with this citys short pioneering history, officials here are testing the unknown in the legal world of planning and zoning cases. West Valley apparently has resolved a troublesome rezoning case with a venture into a subject not dealt with in Utah law - contract zoning. That remedy may not be able to withstand a challenge in court, the city attorney admits, but none is ex- .; pected. And, as far as this particular case is concerned, it is an ideal solu-tio- n which resolves the concerns of ; ; all involved parties. II So, while it might not be legal technically, the city finds the con-- " cept useful and will continue to use it until challenged, City Attorney Ron Greenhalgh said Tuesday. City officials and the attorneys . have discussed contract zoning for some time, but the principle was not implemented until Thursday as a means of resolving the tricky ques-tio- n of John Poulsons operations on -- . 7200 West. Poulson has a house at 3641 So. has operated several businesses out of the rear yard of the home for decades - before Salt Lake County established zoning, before residential development moved r close to his property. Poulson has taken care of his pro & 7200 West. He -- perty well and it is difficult to tell from the road that he has businesses and other operations there. All of those operations are technically illegal, since the county zoned the property 8 (allowing only residential homes on minimum 8,000 square foot lots). Because Poulson has been conducting his operations there since before zoning existed, the operations R-l-- could be deemed legal uses. But if that designa- tion were attached, he would not be able to expand his business, which he would like to do, staff members have said. He applied for manufacturing (M-1- ) zoning, the zone most applicable to the type of operations he conducts, but the Planning Commission reluctantly turned him down; not because the commission opposed what he does on the property, but because it feared what might become of the property after Poulson grew old and sold it. Zoning applies to the property, not to the property owner, commission members pointed out. Another property owner might take the M-- l zoning and build a factory there, right next to a subdivision. That would be bad planning and the commission would be responsible for allowing it to happen, board members noted. Poulson appealed the decision to the council. The appeal period allowed city attorneys more time to study the contract zoning question. Essentially, contract zoning says that a change of zoning will be granted only so long as the use stated by the applicant is in effect. Thus, if Poulson continues his operations as such, the M-- l zoning will remain intact until he sells the property, at which time it would revert to R-l-- idea, but wasnt certain it was legal. Nor was the attorneys office. With further research, the attorneys determined that the practical effects of contract zoning could be realized through the attachment of restrictive covenants to the deed on the property. As long as the Poulson family owns the property and continues the current uses, the land will be zoned M-It will be marked M-- l (RC) on zoning maps to inform potential buyers that M-- l zoning may be only temporary. Its a useful designation, one that resolves the citys worries. It allows Poulson to continue his operations. It protects the neighbors, who by and large supported Poulson. But its legality is still questionable, Greenhalgh admitted. I see no other way to resolve this particular problem to the accord of everyone involved. Whether its viable or legal, I dont think anyone knows, the city attorney said. He noted that state law specifically outlines the powers of local governments in zoning matters. But there is nothing in Utah statutes dealing with contract zoning, thus opening the door for West Valley to break new ground. Greenhalgh added: Again, were leading and experimenting. l. The same would apply, in a hypothetical situation, to property which a developer would like to rezone R-for what he called a y condominium development. The Planning Commission has become wary of these requests. Several times zoning changes have been granted, with the commission finding out later that the applicant sold the property to another person whose plans for the land are far less acceptable than the previously proposed plan. But the zoning is intact so the commission is powerless to prevent the new project from being high-qualit- built. Contract zoning would prevent that type of situation from developing. If the original applicant failed to build the proposed project, the R-zoning would revert to what it had been before. The commission had discussed the from 1968 here Thursday. perspective of subdivision well as developers and builders, as planning staff members whose jobs are to see that the job is done correctly. For instance, the board discussed at length what information a developer should be required to provide for preliminary plat approval, as opposed to the final approval stage. More discussion ensued on how many steps should be involved in the approval process - two or three. One key aspect of the new ordinance deals with a new city re-quirement that shade trees be planted in the parkway (between gutter and sidewalk) in all new subdivisions. The developers on hand for Thursdays session accepted that requirement. But they questioned the advisability of making the developer, rather than the builder, post a bond to make sure the proper trees are planted. -- WHICH STEP? . . . Developer Ernie Smith questions portion of subdivision ordinance approved by Planning Commis- - 'Magna' City Study County Postpones Signing Contract SALT LAKE. The County Commission here yesterday (Wednesday) postponed signing an agreement that would have formally started a feasibility study for the incorporation of Magna. Postponed was the signing of a contract with TEMPO, the firm selected to conduct the study. If the contract is signed next week, it will mean the study will have to be completed in early December, according to Linda Wilcox, administrative assistant to County Commissioner Mike Stewart. deadline is specified The under the provisions of House Bill 71, passed last March by the State 90-d- Lowest Price Diet Counseling Service In The Area: Daily Individual Counseling lowest Individual Counseling Rates Choice of Diets VI 0) w a K 1X1 E No Shots No Drugs No Hypnosis IN JUST I 8 WEEKS... Women Can Lose 35 lbs. Men lose Even Morel Weekly Group Meetings Too! Total Image Product I j i j a in e Ca" a a Claudette crcM rImm m. a 264-838- 8 a a 5258 B. Pinemont a 05 Suite M ttw Dr. a a JJ n R 5300 So. and Freeway B aaaaaaaaaaaacU B-- 1 The time period Legislature. doesnt actually begin until the contract is signed by the commission, however. Meanwhile, Bill Callaghan, a spokesman from TEMPO, said county officials have been releasing the necessary information on schedule for the past several weeks. He said things are proceeding extremely smoothly so far. Callaghan said TEMPO plans to research the costs to Magna if the new city chooses to contract for the current level of services with Salt Lake County. He said the lack of such information was the most obvious flaw in a feasibility study on conducted last Taylorsville-Bennio- n fall by John Short and Associates. He added that an estimate on contracting for such services was the basis for a similar study he headed on the proposed Lake Valley City. Callaghan noted that the lack of a county pricing policy for such contracting, will mean that the figure will be a best estimate, rather than an absolutely hard figure. Callaghan will be director of three principal members of TEMPO. The acronym stands for The Energy Management Planning Organization, 793 Briarmeadow Ave. (6390 South). The organization also includes six other members who will assist as needed. Callaghan described the firm as a corporate umbrella for a consortium of consultants who are linked together for a particular project. The three principal members are Keith Snarr, former planning consultant to Murray City, president of TEMPO, Callaghan and Randy Baker, former West Valley City The commission ultimately agreed, requiring the building to put in the trees. A final occupancy permit will not be granted unless the trees are in place, the commission said. Another provision which stirred lengthy discussion was the means stipulated by the staff to ensure that West Valley has adequate park space in the future. To cope with anticipated growth in the coming decades, staff member Trial Date Set For Councilman SALT LAKE. An Oct. 27 trial date has been set for City Councilman Jay Jackson, who pleaded innocent in 5th Circuit Court last week to obstruction of justice charges. The County Attorneys office alleges that Jackson interfered with City Fire Department officials in their investigation of arson charges against his son. The charges also contefid that Jackson threatened Fire Chief Darrell Mcllrath and the investigator, John Blundell, and questioned Blundells ability to conduct an arson investigation. Jackson later said he was amazed and flabbergasted by the charges. Obstruction of justice is a misdemeanor offense. The arson charges against JayLynn Jackson, 28, stem from a May 23 fire at the Jackson residence, 3244 W. 4400 South. The younger Jackson also is being accused of arson in a 1981 car fire. He pleaded innocent to that charge and is scheduled to go on trial before Judge Paul Grant on Sept. 8 in West Valley Circuit Court. West Valley Woman Captures Quilt Honor LOGAN. Marva Dalebout of West Valley was among top winners in a quilting festival held here as part of the Festival of the American West. She received an honorable mend divition award in the Craig Hinckley had inserted a clause requiring subdivision developers to deed property to the city. The ordinance also gave developers the option of paying a comparable annual fee in lieu of the land dedication. Hinckley said the provision would not give West Valley the park space it needs, but it might keep up with growth. A special service district probably will be needed to buy land and develop parks that would meet the needs of existing residents. Developer Ernie Smith of Holmes and Perry objected to the provision, although he acknowledged that West Valley was short on park space and had a right to establish a means of acquiring more land. He opposed the formula recommended by Hinckley, contending it could hinder residential development in the city. Smith argued that setting aside land parcels in new subdivisions for future parks would create problems for the city because the land would vacant lots until become weed-filleWest Valley could afford to develop and maintain them. He also said that requiring too much property would represent an attempt by the city to make up for shortfalls in park space at the expense of new residents. Such an attitude would make developers less inclined to build new subdivisions in the city, turning instead to municipalities in the southern end of the valley. Smith proposed a compromise which was accepted by the commission. Rather than requiring a land dedication, with the developer having the option of paying a fee, the ordinance advanced to the City Council will require a fee. The city would have the option of requesting land in lieu of the fee. The fee will be established annually by the council. The original level will be between $200-30- 0 per lot, the discussion indicated. The money could be placed into an interest-bearin- g account for park development and maintenance, the commission said. d Kearns High Student ADULTS HEHH ISnotftifttifc Coll Is Kearns high student was beaten and robbed of a pair of high top tennis shoes following a dance here Friday night. Ricky E. Rivera, 15, was treated for a broken nose, broken left eye socket, possibly a broken jaw and some eye damage at Valley West hospital following the attack, according to Deputy E. S. Bell of the County Sheriffs Department. Bell said Riveras face was bruised and swollen around his right eye, nose and lips and he had an abrasion on his upper left arm. Rivera said he was attacked by four male Tongans after leaving a dance at the high school. He had apparently been beaten and left unconscious on the school grounds. After regaining consciousness at about 3 a.m., he walked home and his parents contacted the Sheriffs Department. , JJ 4100 W 5400 educational ad- ministration from the UofU in 1974. He has served as principal of Westvale elementary in Jordan district for 12 years. Dr. Christensen is married to the former Linda Bea Eldredge and is the father of seven. SALT LAKE. Only a few days remain for preparation of entries for the 127th Utah State Fair which runs Sept. Space is being prepared to display about 13,500 entries from about 6,000 exhibitors, according to entry supervisor Barbara Busby. Specific information may be obtained by visiting the fairs administrative office, 155 No. 1000 West, or by phoning She said entry deadlines are scheduled during the next two weeks for the following items : - Agriculture and horticulture, Sept. 8, from 8 a.m. to 2 p.m. -- Cattle, as follows: 533-585- Simmental, Polled Angus, Hereford, Sept. 8, by 3 p.m. Hereford, Limousin, Charolais, Sept. 13, from 8 a.m. to 3 p.m. and Jersey, Guernsey miscellaneous breeds, Sept. 15, by 11 a.m. Holstein, Sept. 15, by 11 a.m. - Dairy goats, Sept. 11, from 8 a.m. to noon. - Fine Arts (one painting and three photographs allowed per contestant). Categories also include pottery,, weaving, metal, wood, glass, porcelain. Entries will be accepted tomorrow (Friday), from 10 a.m. to 7 p.m. and Saturday from 10 a.m. to 5 p.m. - Crafts, entries accepted Thurs- - WEATHER SUMMARY $ip - - 6-- 9 lp.m. - Rabbits, includes two different shows; Entries by First show, Sept. Wednesday, 9 p.m. or Sept. 8, from 10 a.m. to lp.m. Entries Second show, Sept. by Sept. 13, 9 p.m. - Sheep, Sept. 12, 6 a.m. to 4 p.m. 6-- 13-1- 4-- Butter, Cheese Available Here SALT LAKE. Butter and Cheddar cheese will be available for distribution to interested citizens beginning Tuesday, Sept. 6 Salt Lake County officials have announced. The products will be available at the same locations previously used for dissemination of the surplus commodities. blocks of butter and Two block of cheese will be one available for each household. Facilities will be open from 1 until 3 p.m. on Tuesday, Wednesday and Thursday. 3601 SOUTH 27TH WEST 969 7271 easy MONEY 30, 4 7.45, 9 2 6 00, 30 00, 4 30, 8 00 cloudiness, with thunder showers ot times. Sunday, generally dry. High in 80s, low, FUNERAL HOME (R) 12:40, 230 4:20, 615, 8:10, 10:00 mikum thi .50 1.00 ADULTS BARGAIN 266-399- 1 in 2.50 Till 3 P.M. MATINEE VILLA THEATRE EXCLUDING KIDS 9 45 45, SOs. UilMWiEilfin I PIUS 730, 10 00 UPON A MOUSE ONCE G SATURDAY AND MONDAY 1:00, 3:00, 5:00, 7:00, 9:00 GUNOAIE PLACES TRADING COTTONWOOD WALL Q Z7o 47 T 1 QUU 1 .Highland 7:00, 130 WAR GAMES TO i:li, STATING OVIK HELD ALIVE re 1:20, 320, 5:20, 7 30, 9:40 j SUITS HID4T SMOKEY AND THE BANDIT for Timei CaN day, from 10-- Friday from 10--7 and Saturday from 10-Flowers, include, four shows, with entries accepted Sept. 8, 10, 13 and 16. - Home arts, various categories must be entered today (Thursday) through Saturday. p.m., Pigeons, Sept. 7, from and Sept. 8, from 8 a.m. to 1 p.m. - Poultry, Sept. 14, from 8 a.m. to tC VRMan m d ALL SEATS s2.00 FOR FIRST SHOW TIME LISTED) and dir Scam Dttarik 1185 D.C.-base- S. Highland A MOUSE DRIVE A Two committee appointments to serve with the National Assn, of Counties involve Salt Lake county officials. Mike Stewart, chairman of the County Commission, will serve on the Intergovernmental Affairs and Local Determination steering committee, the Washington, organization has announced. County Recorder, Katie L. Dixon has been appointed to the Community Development Committee. So. for Times Coll . . . Deadlines Loom 7:00, 9:00 Jm elsewhere previously. 13,500 Exhibits - STARTS FRIDAT PLUS ONCE UPON for Show Times they have been announced with an eye for the little things riculum and instruction from the University of Oregon in 1971, as well as a degree in 1" :PMAn SO, 2 12 3S, 20, 0 10, 4 8 III 00, 9 re SO hud ova MR. MOM re 1230, 220, 4 10, 000 000,955 'CREDWOOD d0Tf0NW00D5lSi7 973-108-8 HELD OVER HERCULES Call 4890 South HIGHL AMO 2784711 CREEKSIDE PLACE SUITS EIIOIT PG FLASH DANCE co-hi- MAN CAVE t 100, 300, 500, 700, 900 PG OVII HIED S3 1:30, 3:30, 5:30, 7:30, 930 VACATION HELD OVER EASY MONEY PLUS R IT OVII RISKY BUSINESS HUD L0NEW0LF McQUADE PG 125, 320, 515, 715, 915 HELD OVER m i MR. MOM pg MAX DUGAN RETURNS PG 969 eRedwoodRd 54thSo; MANN Til HEUULES re HELD STARTS FRIDAY THE PLUS: STARTS SUPERMAN fU&MCE L I TROllfY 4100 s ftadwood , RISKY MU I 4100 S ROUE I Rtdwood Rd 011 " OVII R JS 5 45, 7:45, 945 AND THE BANDIT III TO 1:30, 3:15,500, 7:00, 9:00 SUITS TIID4T SMOKEY fUCKlQ Trolley Square STARTS PLUS :::A CLASS R ' CT1 JTF255236I 1 JLTRUVE-'- pU I ID 1:15, BUSINESS CO-HI- T Ji O08333lnl fcmi&GE fttl SNOW WHITE 1 ova VACATION B3 I 100, 3:05, 5:10, 7:15, 9:20 need R FLASH DANCE HIGH ROAD TO CHINA PG V FRIDAY HELD OVER PIUS Arce-Larrett- 1:00, 3:10, S:20. 7:40. 10:00 need ovii MR. MOM re 1:30, 3:25, 4:15, 520, 4:10, 715, 05, 9:10. 1000 N III PG Rd WAR GAMES JOINT MAUSOLEUM R FUNERAL HOME 530, 74S. 1000 100, NATIONAL LAMPOON'S VACATION R treasurer. Other members include Lee Kapaloski, who will act as legal counsel to the firm; John R. Ferrin, who will help with research; Jorge a and Mary Callaghan, who will assist with financial estimates; Steve Erickson, who will be in charge of graphics, and Karen Snarr, the firms typist. Cost of the study to the county will by $12,965. KIDS 1 262-668- fke pTcutda in cur- 1 Beaten, Robbed KEARNS. of a Utah and 4961 So. State hand-stitche- sion. Quilters from throughout the state were entered in the competition. an- nouncements of intention to run for office, the Green Sheet encourages potential office seekers to coordinate release of statements to all news media by calling the news department, The Green Sheet is interested in running announcements of all candidates, but will decline to do so if For State Fair Planners Endorse New Subdivision Proposal After wrangling for hours on technical points of the document, which has been in preparation for months, the commission forwarded the ordinance to the City Council (where it is expected to undergo similarly lengthy discussions) by a 3 vote. The ordinance revises regulations governing new subdivisions in the city. Most of the haggling at Thursdays session revolved around points which are minor from the public viewpoint, but significant from the fair In the interest of achieving treatment involving public the University masters 1, 1983 Thursday, Sept. PROVO. J. Dale Christensen, a member of the Granite Board of Education, was among 52 students who received doctoral degrees at close of Brigham Young Universitys summer term. A 1960 graduate of Cyprus high, Dr. Christensen, earned the doctorate in public school administration. He received a bachelors degree in elementary education in Ending Lengthy Discussion Of Ordinance WEST VALLEY. The City Planning Commission endorsed a new subdivision ordinance on a split vote VIEW Board Member Gains Doctorate City Breaking New Ground In Decision k. WEST VALLEY V ESCAPE CO HIT MANN mid ovii VACATION 7thE.ot5thSo. S3( 130, 330, 530, 745, 1000 FRIDAT 2,000 363 R WAR GAMES PG HERCULES PG 1:00, 3:00, 5:00. 7:15, 9:30 |