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Show vowmest ert "DAE OGDEN VALLEY NEWS Page 15 January 1, 2006 OGDEN Editor’s View ing amendment to unequally benefit a small group of property owners at the expense of the greater community. Utah si tate law requires that zoning | ly unless there is a valid reason fortreating them differently. Is there a legal basis for applying the law differently for property owners in Ogden Canyon than for their neighbors upstream? The resulting economic impact from this bias is phenomenal. When similar parcels of land are given different land use designations under a zoning ordinance, there must be a rational basis for the differentiation. Without this rational basis, the classification—or exemption in this case— may be struck down as arbitrary. The following is only a very short list of excuses for spot zoning that are NOT legitimate. ~ You can’t keep the property owners from doing what they want with their ground; you must grant the rezone (or exemption). ~ The owner of the property can’t sell or lease it with the present zoning. ~ The owner can sell it for a better price if it’s rezoned (or exempted). ~ Rezoning (or an exemption) really won’t hurt anyone. On the other hand, the following SHOULD be considered. ~ Is the proposed amendment consistent with the general plan? Was there a mistake made in the development of the original zoning ordinance (The River & Stream Corridor Amendment) that really needs to be corrected? ~ Is the proposed exemption compatible with adjacent land uses? ~ Is the proposed exemption likely to lead to ~ a narrow interest so as to amount to spot zoning’ ~ Are all the utilities available to serve the development that will result from the zoning decision? How will it impact public utilities for waste management, water, roads, and schools? ~ How will it affect the physical, scenic, cultural, eaeiee social, and natural environen mber, Ogden Canyon is a eae fagiatened scenic byway. Citing Thomas v. Toten of Bedford (1962) we read, “The vice of a spot zone is its inevitable effect of granting a discriminatory benefit to one or a group of owners and to the detriment of their neighbors or the community without adequate public advantage or justification.” When faced with a rezone challenge, “The main inquiry of the court is whether the zoning action bears a substantial relationship to the general welfare of the affected community. The affected community means the entire affected community. The entire community can mean more than the municipality engaged in a rezone—it can include the regional welfare when the interest at stake is the quality of the environment. a_ Neighborhood Environment v. Seattle (1982); Save a Valuable Environment v. Bothell (1978). Did the Weber County Commissioners thoroughly consider the ramifications of their decision to exempt Ogden Canyon from the River and Stream Corridor Amendment—both environmentally and legally? How will this exemption impact future challenges to the amendment in other parts of the county? Will the ordinance exemption or the amendment now be able to withstand legal scrutiny? Why should one group of property owners be able to gain an exemption from the ordinance and not another? And what will be the short and long range ramifications if the Weber — Morgan Board of Health rules that the legal minimum lot size for septic systems can be significantly lowered? How will this impact growth in Ogden Valley— in addition to the approximate 200 lots in Ogden Canyon that may then be opened up to development? Weber County Commissioners should also consider a March 1996 letter addressed to the Weber — County Board of Health written by Craig Barker, long time Director of Planning for LiurieVan Zandt (207) 748-9667 Weber County; it is very telling. He wrote the letter to address this same issue—a proposal for a tule - change to the minimum lot size requirement for He writes that allowing smaller lots than 20,000 sq. ft., even under ideal conditions, could have serious impacts. Barker writes: “~ . . a decision of the Board of County Conimissianes + for certain areas of the uninnumbers of oY isis i (lots which have less area an present zoning allows, but were of record prior to zoning ordinances being adopted or where zoning has increased the area requirements), could change the community character and perhaps affect the physical environment as well. The most significant of these [areas] is Ogden Canyon which is presently zoned for one acre lots but has numerous homes on lots les: than this, and has the potential for a great — more given certain actions taking place. One of reduc- tion in lot area requirements for septic systems. If this occurs, it is possible that the impact on the cultural and physical environment would be significant by allowing home development at an urban type density in an area without sufficient infrastructure to support such density. Such infrastructure would include storm water control and cleanliness, inadequate water systems, inadequate access to private streets, and inadequate snow removal areas. The physical environmental impacts include greater potential for impacts on the Ogden River which is 7.9% of the State of Utah’s Class “A” Fisheries. Impacts on the river could be 1) infiltration of sub surface seepage of septic effluents, and 2) surface water polluting by storm water containing contaminants from automobile fluids. Additionally, the cultural environment could be changed by increased population density which leads to changes in the perceived sense of place one develops over time. The urban type densities destroys the reason people want to live there, open spaces, fewer homes, clean air, little crime, and the special alpine ambiance of the canyon. Other impacts 0 — density could also include air quality reduction from increased use of fireplaces and woodburning stoves, and increased traffic congestion and safety. While the County Commission has already exempted Ogden Canyon from the River and Stream Corridor Amendment, it is not too late to voice your opinion at the Weber — Morgan County Board of Health meeting on January 23 at 4:00 p.m. at the Health Department offices located at 477 23rd Street, Ogden regarding the extreme impact it would have on Ogden Canyon and downstream water users. Finally, please hold your County Commissioners responsible for their recent decision at the ballot box by casting a well thought out and deliberate vote for your future leaders. Just remember, if it looks and smells like something is rotten in Denmark, it probably cont. from page 1 °*WALK-INS LOCATED Valley Real Estate you'll BAY m Ze IN EDEN, NORTH Paul Judd 814-5667 Cell Thinking of buying? COR mU tome AY TERS aiunetcce i the sale of over homes, condos, & properties in remo oe OF. VALLEY MARKET, CL 2580 NorTH, Hwy, 162 Nichole ro Realtor, GRI (801) 710-3074 3024 E. Shaw Drive MLS #518619 This log home has it all. Seasonal river. Horse property. 3.44 acres che) North Fork River. 3148 inished sq. ft. 5 BD, 3 BA.2 FR Only $369,000. o=lMeeT Rs Oi od oe oyae pauljudd.net on line. ET Cm Se or 1) WELCOME PW ee KA |S | Paul L. Judd MCN addressed the Weber Morgan Board of Health, which his father, Commissioner Ken Bischoff, serves on, requesting the board change the department’s rule that states that no new structures can be built on lots smaller than 20,000 sq. ft. This law, after the river and stream corridor ordinance amendment, is the second and final hurdle for Bischoff and about 200 additional property owners in the canyon to overcome before they can legally build on their small, empty lots _ were created several decades ago prior to Weber County’s adoption of ordinances establishing lot size requirements. According to the Weber - Morgan County Board of Health, in most instances, property owners who want to build on lots smaller than 20,000 sq. ft. must be able to access an approved central sewer system. The 20,000 sq. ft. rule was established at least as far back as 1997 for health reasons, guaranteeing enough space on a lot for an additional septic system to be installed in the event the original failed. An article in the Standard-Examiner on October 8, 2005 quotes Commissioner Bischoff’s son, “The (20,000 sq. ft.) rule has made some Ogden Canyon lots unusable, said Ogden resident Shawn Bischoff, who addressed the Board of Health. Preliminary tests show that a septic system could be installed on an 18,000 sq. ft. parcel in Ogden Canyon with room for a replacement, adding that he wants to purchase [an] empty lot and build a home on the site. ‘(The rule) has rendered this property useless,’ Bischoff said. ‘There needs to be a legitimate health reason for these decisions.”” The Weber — Morgan County Board of Health will meet January 23 at 4:00 p.m. to discuss and decide whether to reduce the minimum lot size requirement for septic systems, removing the final hurdle that has prevented the construction of about an additional 200 Ogden Canyon homes. The meeting will be held at the Health Department located at 477 23rd Street in Ogden AID VAINGCEDSIECHNIQUES MA's. SAGESTHERARYs © The only name in $483,970 Remarkable location, settings & views. Diges lot in eats aes Creek Sub. Boarded 1a ROUT Pea oie =ai0 mielolm (cl ar ate 801-814 ae olsoe pauljudd.net on line. re CANYON ordinance, the ordinance will still be enforced in other parts of the count Minutes from the September 20 meeting state that the river and stream corridor ordinance amendment calls for 75 ft. setbacks from the high water mark of year-round streams and 100 fi. from the high water mark of the Weber River, the Ogden River below Pineview Reservoir, and of the north, south and middle forks of the Ogden River in Ogden Valley. The minutes also state that in 1998, an all encompassing Sensitive Lands ordinance addressed the issue of river and stream corridor setback requirements. At that time, the ordinance was heard by the Planning Commission but was not adopted. Since that time, various versions have been proposed over the years but have failed without the political support of County Commissioners. Due to concerns about the river and stream corridor ordinance and its impact to Ogden Canyon property owners, the Ogden Valley Planning Commission, desirous to adopt the ordinance, voted to approve it with a narrower 50 ft. setback requirement from the highwater mark of the river in the Ogden Canyon area below Pineview Reservoir. The motion passed with a 5-2 vote. County Planner Kevin Hamilton indicated that the Western Weber County Township Planning Commission favored and unanimously recommended approval of the ordinance. While a victory in the battle over whether property in Ogden Canyon should be allowed to be exempt from the river and stream corridor amendment has been won, the fight is still only half way won. While Hamilton agrees that the river corridor setback requirement would have impacted and left many lots in the canyon unbuildable, the primary reason property owners are still unable to build on these lots stems from a county health department requirement that prohibits the placement of septic tanks on lots smaller than 20,000 square feet. But that may soon change; Shawn Bischoff recently ichole Kester 710-3074 Just Listed in the Preserve!! Over 3800 Square feet completely finished. Walkout Basement. 4 BR, 4 BA. Wrap around redwood deck. Bonus Room above garage. 2 kitchens. Hardwood Floors. Energy Efficient etal Scheduled to be completed early 2006. Ilthis and a Private Community Park! Contact an A (801) 710-3074. OPEC E ete a FREE, no obligation Mar a Analys (801) err Call your Valley expert a RCM carpenterta californice Garden & Landscape Deston Project Management ay MT eum ENT MTC 801-814-5667 Thinking of selling? Over 50 buyers a day log onto pauljudd.net to SHE PCCM CUT hacer AZT) Excellent horse property with spacious dream h ETNA eMton =] BR Bes FR, kitchen pantry & 2 Cal] your Valley expert =e Stoves. etn ere -sac. Lg. Private yard, Paul Judd 801-814-5667 quip shop, bam, corrals, garden & picnic bowery. on Paul 801-814-5667 or visit pauljudd.net on line. GR AMERICAN 3911 N. 3775 E. Liberty MLS #551048 $375,000 Immaculate brick rambler on a dead end street. Beautiful unobstructed views. Walkout basement with mother-in-law apartment. Custom cabinets. In-floor heating. Automatic sprinklers. 3-car drive-thru garage. 3,512 sq.ft, 5 bedroom home on .92 acres. Call Paul 801-814-5667 or visit the photo/video tour of this home at pauljudd.net on line. Visit www.nicholeshomes.com |