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Show City, Developer Settle Suit After a legal war spanning nine years and four city administrations. Park City and developer Elwood Nielsen are finally at peace. Meeting Monday at a continuation of their regular meeting held April 10, members of the City Council agreed to settle out of court a $6 million law suit filed against the city by Nielsen in 1974. The suit was actually a counter claim to . earlier legal action taken by the city to prevent Nielsen from building an access road to his substantial Masonic Hill land holdings. Apparently Nielsen applied in 1972 for a permit to develop his property but was stalled by the Planning Commission because of quetionable access to the property off Pacific Avenue east of the Coalition Building. Nielsen began building his own access road in 1974 but was haulted by a restraining order which, claimed he' was in violation of the city's grading ordinance. The developer subsequently filed a counter suit claiming the city was unlawfully prohibiting him from using his property and after several ammendments finally asked for $6 million in damages. Because of inconsistencies in the interpretation of the zoning ordinances in Nielsen's case over the past nine years, the city felt it better to settle rather than take the case to trial. Under terms of the settlement the city will drop its suit against Nielsen and he will drop his against the city. Nielsen will be allowed to precede with developing his property without all the restrictions now applied by the Land Management Code. In the draw east of the Coalition Building, the city will allow 144 units in six buildings. The buildings will be allowed to exceed the current height limit to allow more asthetic construction in the limited area. On top of Masonic Hill Nielsen will be allowed to build 88 single and 48 multi-family units. Under the terms of the agreement the developments will be handled by the Building Departmenl rather than the Planning Commission. |