Show mm Salina City struggles with subdivision ordinance Lora Peterson Editors note: The city council minutes have been unedi ted and seem to add to the confusion of the issue However we felt the need to enter them as recorded Should the city take sections of the Sunny Brook and Salina Creek subdivision covenants and selectively by choose from those cov enants to amend them into city zoning ordinances the city to enforce them? Or informed him the fence was in compliance With City Ordinances When asked about the procedure for a building permit Hicks stated “there have been a few problems in the past” Permits are now to go through the city council for approval first and then through the county building inspector The funds inspection and final approval will then be handled by the county building Now even if you return inspection an application to the county building it will be sent back to the Salina City to take civil addon when an act against Council for approval first Dwaine their covenants iakes place? Maybe Burr has agreed to “pick iq daily” if the city should update their records needed any applications submitted to research amendments and uniform the county for Salina The longest their ordinances with their zoning length of time a citizen may wait for This may allow the counordinances an approval is “two weeks” states cil members to better serve the comHicks “usually it only takes a few munity with updated previous coundays” Hicks feels this arrangement cil decisions and allow the citizens in will work better “It’s the way the the opportunity the community to program was set up” he said access and understand the city ordiAccording to the minutes of the nances and zoning ordinances Salina Council dated September There have been two incidents in 6 1994:City ReNonne Robins representthe above named subdivisions that a group from the Sunny Brook ing have caused havoc in the community subdivision presented apetition from of Salina Some indiv iduals feel that the group which had 78 of the land there has been an infringement on owners to abate a condition pursuant themselves a friend or a loved one to a section of the Salina Ordinances has caused hostility and and this regarding horses anger in community Horses have attracted flies and have The incident told below is what created offensive odors in the area sparked the upcoming public hearing They are also adjacent to a sidew alk of a proposition to amend or incorpopathway for children going to and rate certain portions of the protective from school There is no grass or or the restrictive covenants of the ground cover in the area thereby causall Sunny Brook Acres subdivision dust The subdiviing considerable phases along with certain portions sion was tobeforresidentialuseonly or the protective or restrictive cov- The covenants the fust and secfor enants of the Salina Creek Estates ond phases have a covenant filed at all phases and in addisubdivision the County Court House The attortion to amend Section relating to ney on the first two phases died With uses Note: The a change in attorneys the phase 3 change in section 4 does not match Covenant was not filed but it was the Utah Code (2) (b) Non assumed that they all were to be alike conforming uses and structures Mayor Grant Stubbs asked if counthe 1970s Bob and During cil needed more information and ReNonne Robins subdivided the land Robins left copies of pertinent papers now known as Sunny Brook Acres for their study The subdivision was completed in Kim Robinson advised that people three phases The first two phases want to be able to do what they want had recorded covenants filed The w ith their property He said the covthird phase did not enant in their subdivision says there Regie Hansen purchased a home in will be no animals livestock agrithe Sunny Brook subdivision believculture or poultry ing the covenants had been filed statAttorney Michael Jorgensen says ing there would be no livestock poulhe had a conflict of interest and try or agriculture in the subdivision He advised the couldn't comment According to Hansen four years ago Council to retain independent coun-- I he discovered there were no cil to research theproblem (Indepenon phase 3 Hansen stated it dent council retained by Salina City was during a conversation were Council is the mayor of Richfield Hansen complained to Bob Robins in Paul Lyman He Robins to regards daughter putting sa id the property owners could present in a modular home (which was also a petition to declare a nuisance and prohibited in the implied covenants) then take care of the problem Hansen states Mr Robins told him Dwaine Burr made a motion to “I’ll do any damm thing I want there table the matter till a later date We are no covenants recorded on this should not vote on this matter before Hansen of subdivision” the phase All we get a legal determination further states “I was tired of the dust - Council members agreed to hold unand four wheelers that raced back anu til the next council meeting Dwaine forth on the vacant lot adjacent my asked Mike regarding putting the home” Hansen had been looking for issue on the ballot Attorney some land to house his horses He Jorgensen adv ised he could research with made an agreement theownerof this for the city the property adjacent his The agreehe said Stubbs thought it Mayor ment was if he placed his horses on should wait until the next meeting of the adjacent property and no one comKim Robinson says we the council plained for a year he would purchase should find out what should be done the land Hansen states “after eleven and also the enforcement problem months of his horses on the land the involved owner asked him to purchase” Karren Glover makes a motion to Hansen agreed and filled out a builddeclare a nuisance ordinance 2nd by e ing permit to build a fence in Karen withdraws Rocky Williams with city ordinances The permit was approved by the county building inspector John Hicks on August 29 1995 and then laterred flagged due to complaints from the area Hick states he red flagged the how Call building permit because he had approved the permit for the building of your help a fence not for it's intended use by 528-311529-783- 9 1 Hansen to fence in horses After Hicks conferred with the city attorney Michael Jorgensen the red flag was lifted Hicks states Jorgensen allowing should the subdivision covenant groups take charge of their own right motion Rocky withdraws second (When asked Glover said she with- drew her motion because it was decided to check into the issue legally first) Salina City Council Minutes dated September 18 1994: Richard Chamberlain representing Sunny Brook subdivirion was present regarding the horses in Sunny He advised that Brook subdivision he had spoken with Paul Layman Attorney regarding the problem He advised that he was not aware of a problem He adv ised the city to and have a grandfather clause in the rezoning for existing conditions Every city needs to protect every subdivision Logical planning is that you should have new zoning md exclude livestock His opinion was h would be difficult to convict Mr Hansen in regards to horses because there were horses all around Before the horses came to the area there were flies ami odor in the area Mr Chamberlain advised to declare it a nuisance only one party has to be affected It is not required that a large amount of people are involved Some concern is that this may open the flood gates on all other livestock in the city Chamberlain said you have to look at it on a case by case basis The fact they thought h was a legitimate law that they would have no animals there The owners in the subdivision expected that their covenants would be respected This is one of those situations that is not going away Mi Layman they have a civil cause but if the council takes no action then the civil action would be against Mr Hansen by the subdivision Regarding the chain link fence there an opinion it is not sufficient to protect the children from the horses Ted Anderson wanted to know about the walkway He wanted to know who owned the walkway Council advised that the city resurfaced roads in Sunny Brook subdivision and the roads and sidewalks belong to the city There was discussion and it is known if the walkway across the creek belongs to the city Earl Steiger advised when he boughthis lot from Bob and ReNonne Robins He was told that there would be no livestock down in the Sunny Brook subdivision Sherry —advised that there was no fences in town that could keep a young child out ReNonne said that they have a righf to complain Jim -- wanted to move into an area that does not have horses The council advised that the building permit had been issued to build a fence only Mr Hicks returned it to the city for processing Karen Glover wondered if we had an ordinance on subdivisions There should be one but all references are to a chapter 5 which can not be found at present Mayor also advises that there was supposed to beone and it referred to chapter 5 Dwaine Burr advised there had always been horses in town There has always been strong feelings in town for horses also Mayor Stubbs suggests that this is a civil action and then have the city go ahead and as a matter of record find out the councils feeling on the matter He believes we should have a grandfather motion regardless what we do The council would like to have it on the ballet to find out what the people think on the matter Dwaine Burr made a motion to go ahead with legal recommendations and revise the zoning ordinances with the proper steps to do so and make it illegal to have livestock in Sunny Brook witha graceperiodof 9 months Salina City Council Minutes dated is November 7 994 ReNonne Robins advised farther in regard to zoning ordinances and to maps of the city regarding zoning She then presented what happened in the past from material she gathered in city minutes and newspaper articles She advises there are was a public hearing on zoning on April 30 1984 On May 7 1994 council decided to delete the animals and changed the height of fences They left the ordinances the same Non conforming amounts was zoned in 984 and didn't have horses in Horses are not permitted in RI ReNonne has copies of old minutes and newspapers A party named Hester was to be hired in 1972 She advised that she had done a lot of work and if present laws were upheld they would have no problem and no horses would be allowed Ronald Crane advised that the attorney should advise council why he gave permission to build fence when no permit has been approved as of this date Dwaine Burr advised that he would like a copy of the information regarding zoning from ReNonne Robins She said that when the party involved didn't have a permit he put all the items in at his own risk Ronald Crane said that when a building permit had not been approved then the attorney had no right to let him go ahead on the fence If the council willingly allowed that then it's their fault The Mayor Grant Stubbs requested to get a copy of the information she had so it could be studied further ReNonne said she would like the council to have copies and she would arrange them in order so it could be copied Mayor then thanked ReNonne Robins for her work and presentation of the materials discussed regarding zoning Salina City Council Minutes dated May 15 1995: Attorney Paul Lyman brought a copy of the proposed new ordinance on the Sunny Brook and Salina Creek Estates He advised it w as set up as chapter 26 It was given lore are just a lew Wednesday August 2 1995 Gunnison Valiev News Page 9 commission If they to council w ith suggestions then it can be assumed it is an approval Proceed by setting a After public hearing public hearing and hearing input it is legal to pass in the public hearing Then a vote can be made at a regular meeting of the council June 17 1995 minutes unavailable until approved by City Council on August 7 1995 Below are some facts obtained for reference in this matter Violation a Nuisance Any structure made or existing and any use of land in violation of any pro of this zoning ordinance is a public nuisance and may be abated by to the planning don't get it back appropriate proceedings The Salina City Zoning Ordinance adopted as Title XIII Of Revised Ordinances of Salina City - 1969 December 27 1973 (crossed out) May 7 1984 updated June 30 1993 available at the city building has several items crossed out instead of rewritten which makes the ordinances hard to determine Item disallowing animals or fowl within said distances of a residences is crossed out City Ordinance Book Section Keeping Animals Within City Limits It shall be unlawful for any person to keep w ithin the city limitsof Salina City more than 5 head of horses 2 head of cattle 5 head of sheep 2 goats or two pigs over six months old owned by or in charge of one person and kept and feeds atone feed yard or location except by special permission from the City Council After investigating the zoning on Hansen's property at the city building investigation of the correct zoning of Hansen's property w as hampered by the poor condition of the map quality making judgment difficult Hansen's property looks to be half in the 1 zone and half in theR-zone With no covenants placed on phase 3 and with an Rand zoning does the precedents of the city ordi ol t lie networks now available on nances take precedents over the city zoning ordinances which contradict themselves It also appears from the city map that the majority ofHansen's property is zoned 1 which allows for the keeping of tw o horses per acre Open Space - PermitChapter ted uses Horses raising provided conducted in a pasture of at least ( ) acre size and with a maximum density of (2) horses per acre Separately the two lots neither meet this requirement but together arc approximately 16 acres At present the covenants are said to be in place for phase 3 At press time it is my understanding they are inval id unless all property owner sign Hansen states he never signed and he didn't think Mr Robins has either Hansen stated he would sell the property in question for what he has into it The proposed amendment will affect other issues in the subdivisions Even a leash law is stipulated for the Salina Creek Estates The subject of Use of Building w ording differs from the Utah code book There is also a question of casement issues that could affect fencing plants or other material The question is what precedence does the City ofSalinawant to set? Is it time to update old records and make decisions on zoning for the future? When asked Mayor Grant Stubbs stated that he didn't know why the city council was amending the ordinances and that there w as a split vote betw cen the council members There are presently six known subdivisions in Salina Karren Glover stated “It’s a mess” When asked w hy the city council was proposing this amendment she replied “It w as an effort to comply with the wishes of the people who live there” If you have an interest in this matter be sure to attend the public hearing scheduled for August 21 1995 at 6:30 pm in the City Council Chambers Copies of the proposal may be obtained at the city building PRIMESTAR Business Directory the Business Directory can us to see business in front of the packl keep or V Watch for the SunNews ’Back to School ' special section on August 16 It will be full of things you need to know Come to the Sevier County Fair August 5 - 12th and see a live demonstration PRIMESTAR Get a free ticket to win PRIMESTAR prizes DON’T MISS THE SEVIER COUNTY FAIR OR PRIMESTAR DISTRIBUTED By Sunday School Morning Worship Evening Worship 9:30 am 10:30 am 6:00 pm TCI Cablevision of Utah Inc We're taking television into tomorrow Visitors always welcome- 165 South 400 East Salina Call "Faith Notes" for a brief Bible message 11 PRflWESSte"! WE BRINO SATELLITE TELEVISION DOWN TO EARTH of |