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Show Wed/Thurs/Fri, September 16-18, 2020 A-3 The Park Record County Seat #1 Title Company Local Park City news every Wednesday and Saturday COUNTY EDITOR: ALEXANDER CRAMER 649–9014 EXT. 15712 | Countynews@parkrecord.com 2018 Colby School plan denied Th e Park Record. 2019 Committed To County’s decision may be appealed to district court ALEXANDER CRAMER The Park Record The Summit County Council recently denied an application to use the site of the former Colby School as a bed-and-breakfast, the latest entry in a yearslong dispute surrounding efforts to restore the Victorian-style mansion just east of S.R. 224 to a commercial use after years of dormancy. Councilors Kim Carson, Glenn Wright and Doug Clyde, the council’s chair, voted against the applicants’ appeal, while Chris Robinson supported the proposal and Roger Armstrong was absent. The applicants, Hoffvest LLC, may appeal the decision to district court. The Snyderville Basin Planning Commission denied an application for a conditional use permit in June, leading the applicants to appeal to the County Council. Neighbors have consistently and strongly opposed commercial uses for the property, which includes the Victorian-style home and outbuildings. It sits just east of S.R. 224 south of the entrance to Canyons Village and is adjacent to several homes and three residential subdivisions. Before it operated as the Colby School, the name by which it is still widely referred, the building began as the Snowed Inn. The school ceased operations there in 2008. In 2014, Hoffvest LLC purchased the property and applied the next year for a 55-room hotel and event center, which neighbors vigorously opposed. The project has been significantly whittled down to the current eight-room bed-and-breakfast with one room for a caretaker, the largest bed-and-breakfast allowed by the code. The legal issue hinged on the definition of “owner-occupied,” which is not expressly defined in the Summit County Code or the Snyderville Basin Development Code. Eschewing debates about what percentage of ownership the occupant should have or what sort of ownership arrangement would work, Wright chose a colorful descriptor for his opinion. “I will go back to an observation from an old Supreme Court NARI TROTTER STEFANIE BOWEN (435) 649-8322 theteam@parkcitytitle.com 1670 Bonanza Drive • Park Record Building PARK RECORD FILE PHOTO The Summit County Council denied a proposal to turn the former Colby School into a bed-and-breakfast, the latest proposal in an approval process that dates back to 2015. justice when they were talking about pornography: I don’t know how to define it, but I know it when I see it,” he said. “I will use that definition for myself as defining a bed-and-breakfast. The owner has to physically be there.” The applicants’ attorney, Robert McConnell, argued that the county’s code defines both owner and occupant and that since the definition of a person includes corporations, Hoffvest LLC should be able to occupy the building. In earlier Planning Commission meetings, commissioners had joked about ringing the doorbell and a stack of papers opening the door. McConnell said the applicants have suggested the employee hired to manage the facility be given an ownership stake of 1% to 10% in the property, thus making that person an owner-occupant. The Planning Commission, and now the County Council, found that arrangement insufficient. The Snyderville Basin Development Code limits a bedand-breakfast inn to “an owner occupied residence in which up to eight (8) rooms are rented for overnight lodging to travelers.” Carson reiterated the rationale for that definition at Wednesday’s meeting. “The idea behind that was that the people (who live in the neighborhood) have a stake in what happens in their neighborhood, in their community, and they’re going to be more apt to regulate who stays at their bed-and-breakfast,” Carson said. Clyde said allowing the sort of arrangement the applicant suggested would make the “owner-occupant” requirement in the code meaningless, and Robinson asked the applicant what the difference would be between a bedand-breakfast and a hotel. Jami Brackin, a Summit County deputy civil attorney, cautioned planning commissioners against deciding what percentage of ownership would satisfy the owner-occupant requirement, and reiterated her warning to county councilors. “(The applicant) will appeal that to the district court, because then the council will be imposing a condition not in our development code, and then they would challenge that and probably win,” Brackin told the council. “The question is not how much of an ownership does the employee need, the question is ‘Is it an owner-occupied residence?’” Clyde said the employee-employer relationship at the heart of the arrangement invalidated it. “What if your ownership is contingent upon the arbitrary ability of (the employers) to ... terminate your employment? That really doesn’t sound like ownership. That sounds like a scam, frankly,” he said. The property has had an interesting relationship with its neighbors, who had complained about a lack of responsiveness from previous owners in dealing with impacts like noise, light and parking. The applicants have said the bed-and-breakfast would likely be used to host events like weddings, as others are, and neighbors had requested capping the number of events there. One of the outbuildings has been used as a pilates studio and, in 2017, the main building was used as an unapproved hostel that housed around 50 seasonal employees before it was shut down by the county. Direct Importer of the World’s Finest Rugs A t t h e H i s t o r i c Vi l l a T h e a t r e Call 435–649–9014 to subscribe today! 3092 So. Highland Dr., Salt Lake City (801)484-6364 888.445.RUGS (7847) Mon.-Sat. 10 am to 6 pm COVERED BY MOST MEDICARE TRICARE & BLUECROSS PLANS Tired of Living In Pain? The Latest in Regenerative Medicine is here -Stem Cell Recruitment Therapy TM A REVOLUTIONARY PROCEDURE With Patient Reported Pain Relief For: Sheriff’S report A man reported weeks of harassment from his Bitner Road-area neighbor that started when the neighbor’s dogs attacked his dog, according to a report from the Summit County Sheriff’s Office. After that encounter, the 47-year-old man reported the 51-year-old woman to Summit County Animal Control, which issued a fine. That started a feud between the two, according to the report. In the initial incident, the man said the woman’s dogs were roaming the neighborhood without a leash and attacked his dog, which was on a leash. After being fined, the woman started to park her vehicle in front of the man’s house and write harassing notes to him and his family, according to the report. She also repeatedly accused the man of being racist, and told other neighbors he was. Deputies witnessed the woman move her vehicle in front of the man’s house. She was on his property and when deputies told her she could not be, she began to yell at them. Deputies indicated the Summit County Attorney’s Office would screen the case for charges. According to the Sheriff’s Office, law enforcement responded to several other calls between Monday, Sept. 7, and Sunday, Sept. 13, including burglarized vehicles and multiple scams. Sunday, Sept. 13 Deputies responded to a roommate dispute in Bear Hollow. A 34-year-old man reported that his 31-year-old roommate had broken some of his electronic equipment. She refused to open her door for deputies, saying she was afraid of the roommate, but agreed to leave for the night. Deputies warned a couple about violating a protective order after responding to an accident on Interstate 80 and seeing a husband and wife together despite her having an order against the husband. She was injured in the accident and the man had arrived to ensure the wellbeing of their child, who was a passenger in the vehicle. Deputies warned the man about an out-of-county warrant in his name, as well. A 44-year-old Salt Lake City woman was arrested at a Smith and Morehouse campground on suspicion of domestic violence after deputies determined she had hit her 24-year-old daughter in the head while the daughter was in a hammock. A vehicle was stolen overnight near Old Ranch Road after it was left unlocked with the keys inside. Deputies were able to reunite the owner with the vehicle after the owner gave a GPS position for the car, which was in the Salt Lake Valley. When it was recovered, there was stolen property inside and the owner’s laptop had been stolen. Deputies indicated the case would be forwarded to the Investigations Division. Saturday, Sept. 12 Deputies reported a string of vehicle burglaries in Jeremy Ranch overnight and indicated they had a description of a suspect and two vehicles that were possibly involved. Deputies indicated they would follow up. Thursday, Sept. 10 A 25-year-old Kamas woman was scammed out of $2,000 after attempting to sell an oven on the classified ad section of a website. The purchaser sent a cashier’s check for much more than the asking price and asked her to return the difference via Bitcoin. The woman learned the check had bounced shortly after paying the fraudster. Deputies indicated there was not enough information to identify a suspect. Wednesday, Sept. 9 Deputies tracked a stolen flat deck trailer to Echo because of distinctive markings left by the trailer’s tires. The owner identified the trailer, which had four tires that were worn off and was sitting on four damaged rims. Deputies indicated the case would be forwarded to the Investigations Division. A man reported that he left his car overnight at a Bitner Road condominium complex and when he came back the next morning, it was gone. Deputies indicated the vehicle was listed in a national database of stolen goods. Monday, Sept. 7 A homeowner reported $2,000 worth of tools and household items had been stolen from a home on Weber Canyon Road a week after a lock had been ground off the main gate of the subdivision. Deputies indicated they had no leads. A 29-year-old Coalville man was scammed out of $1,000 after mistakenly calling the incorrect Amazon customer service line and being told that, to get a refund for a package that hadn’t been delivered, the man should purchase several Amazon gift cards and read the numbers over the phone. Deputies indicated they had no leads or suspects. No Surgery Convenient & A ordable Drug-Free Quick & Easy Injection First 10 Callers receive a complimentary consultation FOR INFO. 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