Show mew era r jl bos rXU The Herald Journal Logan Utah - nr- Thursday August 29 1996 zoning ordinance may appeal that decision by alleging that there is error in By Charles H Featheratone staff writer any order requirement The Weston Sherwood Hills Resort on Wednesday asked the 1st District Court to invalidate last week’s decision by the Cache County Board of Adjustment rejecting the resort’s application for s permit to have motocross races in OOOttT administration or interpretation of the zoning ordinance” Jones wrote Wyatt argued in an Aug 14 memorandum to the Board of Adjustment that error in the case of a Planning Commission decision was defined as “arbitrary and capricious” and that a 1981 Utah Supreme Court decision said that zoning bodies should be given s “strong pre sumption of validity” when it comes to hearing appeals of their decisions Claiming that the “board’s decision was arbitrary capricious and illegal” resort attorney Jeffrey Jones in his petition to the court that Cache County Attorney Scott Wyatt Jones argued however that those improperly instructed the board on the standards it was to judge the resort’s standards applied only to appeals to courts and not appeals to boards of appeal on “Utah code states that with regards adjustment The resort is asking the court to order to appeals to die Board (of Adjustment) the applicant adversely affected by s another Board of Adjustment hearing decision administering or interpreting a with what it considers proper instroc- - tef 90tH$ aju — Ub ISHdLagailUty 4 4ftswMta Caanty sad jftnqlsafe mOM v ' ' Banka- '' decision or determination made by an official in the Wellsville Canyon - Pages Motocross dispute in the courts SEPTEMBER IWlMlIft £ - - i r CaumunftvBMfMtiMCsmr tions If ordered it would be the fourth Board of Adjustment hearing on the motocross proposal this year and would certainly not take place in time to allow Weston Sherwood Hills to stage Labor Day motorcycle races “1 would suspect this would be heard no sooner than two months from now” Jones said this morning Neither Wyatt nor Weston Properties Manager Dave Weston was available for comment this morning The Wednesday appeal is the latest installment in a sags of petitions hearings rehearings and memorandums that began in April when John Booth the property manager for the Weston Sber-wood Hills resort and Westoj Properties Manager Dave Weston approached the Cache County Planning Commission in Wellsville Cany After a short nearing the Planning Commission rejected the appeal but was ordered by the Board of Adjustment to vote again when the board determined the commission had not spent enough time hearing arguments on the resort’s request At a May meeting the Planning Commission again rejected the resort’s ‘ ’ ' " permit application In July the Board of Adjustment then heard Weston Sherwood Hills' appeal M sgain but the 1 vote allowing the races to go ahead wu ruled invalid by Wyatt because two board members who didn’t vote should have The board under a court order voted sgain last week to uphold the Planning Commis2-- ‘ sion’s rejection The races which were scheduled to be with a permit request for motocross land d races on five acres of See RACE ou Page 12 resort-owne- i TIm Hwli JoeMl 10& jfoi&u't frit b$ 0oi$4 Logan gives OK to transit guidelines K brief Ini Logan fire chief retires togan Fire Chief Danny Dever peed his retiremeoi Wednesday t effective Jan IS has been with the deputment fof 27 yean 19 as chief assistant chief or fire marshal In an Aug 26 letter to the mayor and chief of staff Dever said he was retiring so “I can pursue other career goals and ambitions He made the announcement several months in advance to provide thd city with time to find ia suitable By Michael R Weibei staff writer The Logan Municipal Council voted 1 Wednesday night to accept a controversial transportation plan as a guideline only The $30000 plan developed by Eckhoff Watson and Preator Engineering of Salt Lake City is comprised mostly of a list of capital improvement projects aimed replacement (k national search for a new chief is expected North Logan to hear group home appeal at reducing traffic problems in the Logan City OouncQ meets fi permit to acquest for a conditional-us- e operate a residential home for minors at 11Q E 2600 North The meeting will be at the City Council Chambers 2076 1200 East Preston to hold budget hearing Jr i - ' J rr: 5rW-'- v "' v V '' !u " tmOiVi f‘ public hearing on the city’s budget at 4:30 pjn Friday in City Hall 70 W Oneida St Preston proposes spending just i tlHXMXJO from the $2jniltionl up 1995-9- 6 budget figures and over $500)00 from the 1994-9-3 budget The largest mending increases are for public works — whichi indudes sewers water lints ind die sewage treatment facility — which has gone up $273000 in two years and for the Preston Police Department which has gone up nearly S100JXX) in the same period ! this weekend Airplanes will whirl and twirl SaturAirport at the day over the Logan-Cach- e Cache Vklley Fly-I- n Chairman and Airport Authori Fly-iit- ) ty Board Member Bill Frunds said the evdntrsai attempt to get the community to come and see what goes on at the airport TtI will be surprising for the public' Francis said See BRIEFS on Page 12 Cbrroellon agreements Hynim’s Bessie Brown library signed with neighboring communities According to Librarian Ginny TYCmayne agreements were signed with Millville Nibley and Wellsville Library officials have met with Paradise to dia-cu-ss a possible library agreement but no des! has been made hi addition only Nibley is represented bn the library board A Wellsville I member has not yet been selected and dicre isn’t s space yet on the library board far a Millville member Ttemayne also said about 600 of the library’s 1800 cards are held by Hyram including unin-co- :’ fated areas of Cache County ids Got a locel nsws tip? ill City Editor Jennifer Hines 752-21Ext 3023 I i - ftfia city Those projects total nearly WWP&Pvos ns piril'rv'r 1 The phtn'iecommirnds but docS:-- i not direct impdlfog kfl impact' flee-- 1 — —J for new development and a $5 ainal jounMi vit - ' Arizona and Nevada monthly assessment for each Councilwoman Karen Borg opposed die dsn saying she’s not comfortable giving up control of traffic-relate- d decisions She and Four arrested for credit card fraud Two juveniles and two adults were attempted purchases were made The report said a group of young people attempted to make a purchase at Corral Logan businessman practicing community poticing was key to the arrest Colby Jsrdine 18 of Newton Scott Parks 26 of Salt Lake City and two West Ranchware 1400 N Main St Logan but were denied because employees were suspicious of the credit card Employees tried to contact the owner of the credit card but were unable to and gave die and back Anderson then began making calls to other businesses The group then allegedly went to the Cache Valley Horseman store 1585 N Main St North Logan and purchased were arrested at Smith and Edwards stem in Farr West on suspicion of credit card fraud But before their arrest calls were made by fern Anderson manager of Corral West Rancfaware in Logan to businesses in Preston Cache County and right down to Farr West Police in Logan are investigating the public comments and suggestions while it was being developed Borg said the plan has “tunnel vision” and she encouraged hold- Following this purchase the same group allegedly went to AutoZone 1125 N Main St Login and purchased a carburetor a she was working Wednesday morning Later in the Hay several purchases and arrested by Weber County deputy sheriffs Wednesday following a spending spree with a stolen credit csrd Police said a Councilwoman Jin Pearce said the plan did not receive enough more than $100: worth of clothing and incident and no charges have been filed According to a police report a credit card belonging to an employee at a Logui restaurant was taken from her purse while Ganaa Stevenson staff writer ing off on adopting it until the council could meet with neighborhood representatives to discuss the changes in their arras — much like the lengthy process used during development of the master plan which governs land carburetor kit and ordered a manifold charging more than $603 to the credit card : The police report said Anderson had made a call warning Smith and Edwards store about die group and die stolen credit cud usein the city When die group attempted to purchase But Councilman Allan Allred items from the store Weber County deputy sheriffs made the four arrests “Hus is the perfect example of community policing” Officer Brad Hansen of the Logan City Police Department said of Anderson’s attempt to warn businesses said he trusts Logan’s administration to do what’s best for the city' Councilman Steve Thompson referring to Borg’s concerns about stop sign placement and truck route labeling said he feared that the council too much its pioneer roots this weekend at the town’s the tabernacle run begins at 8 sju The race is $3 $6 for the shirt and $8 for MHinal Founder’ Day celebration Activ- both 10 sju — Parade following the traditional route No parking will be allowed on the route 11 am — Sham battle will follow the parade behind Wellsville Elementary 11:30 un — Pit barbecue dinner on the square Noon — Music in the park 1 pjn — Homemade pie sale will be near the music in the park 1 JO pjn — FCt show and horseshoe Wellsville will commemorate ities begin Friday and continue through Monday Following is a schedule of 8:30 pjn — Dance at Wdlsville Elementary School for ages 14 and up Admission is free and open to the public Music provided by the Simmons Brothers Saturday 8 am — Golf tournament it Birch Creek Golf Course in Smithficld 8 JO am — Flag ceremony at the corner of Center and Main streets 10 am — Turkey shoot at the Wellsville Basin HilL teams will com10 am — Six-rid- er ran that will a in Express Pony pete begin at the Basin Hill Sunday tournament 2 pm — Youth games on the square of Ells Age limits are 10 and under and 11 to 14 tabernacle under the 3:30 pm — Quilt drawing Tickets Msughsn 2 can be purchased at the city office Monday Sept 6:30-1- 0 6:30 pm — Mount Sterling stampede am — The Lions Club’s breakfast annual rodeo ran 7 am — 5- - and Sunday and Monday — An arts and Registration at 7 am at the north side of crafts display will be in the tabemade 8 program in the pm — Musical direction chuck-wag- on wu micro-managi- ng City Attorney Mark Sorensen said traffic improvements will continue with or without this plan The difference he said is Wellsville will honor pioneer roots Fliday The Herald Journal incorrectly repotted Wednesday information about the r l fillin'- Summwdtlzapsof Cache VaeydanttwMacarns"at-wreweli- i : Wednesday at vyilow PwKThadty qf: Logan sponsored thia hud bash before summer cWznni head back to thebwlntar homes In events: Wrong information 21 TcUl"' !! Ml' nootfT nenanownmn 'jmi? ll vl"?ry existing household to hold 1996-9- 7 - - Jlfil vJanCtnQ’iniO By the Preston Gty Council is scheduled Ffy-i- n 1 4-- I the North I the public works department would have a guideline from the city’s legislative body if this plan were adopted Otherwise the department is left to make decisions on its own Major changes such as developing new streets to carry large amounts of traffic would require additional direction and funding i from the council The resolution calling for the plan’s acceptance Wednesday ' night included the stipulation that additional study and public comments and suggestions are need- ed particularly about topics like downtown parking bicycle and pedestrian paths public transit and neighborhood traffic routes The resolution reiterated that a specific funding mechanism and time schedule are not being adopted at this time Bear who wanders into town chased up a tree and shot ESCALANTE Utah (AP) — A bear that wandered into town was chased up a tree by dogs and then was shot to death The bear was spotted wandering around the community center in Escalante on Monday afternoon by Keith Hatcher who gathered up his children in his bouse and checked on some of bis animals penned a block sway When the bear entered neighbor’s yard Hatcher let his two Labrador retrievers loose and the bear climbed a maple tree Roger Nowers a wildlife specialist officer for and animal damage-contrthe US Department of Agriculture wu in Escalante to check on reported cougar ol sightings when be was alerted to the treed bean After checking by radio with wildlife officials he was instructed to destroy the tnimal specified under state Divi- u sion ' of Wildlife Resources policy V i |