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Show Courts Limit Architectural Review i i ; a a i The Park City Planning Director does not have the authority to deny a building permit for a proposed project on the basis of perceived architectural incompatibility, according to Third District Court Judge Dennis Fredericks. Freder-icks. In making the ruling at Coalville Feb. 7, Judge Fredericks concluded developers devel-opers of proposed projects falling under a permitted use in their respective zones need not be subjected to architectural review by the Planning Commission, planning plan-ning director or the planning staff. The ruling does not apply to conditional uses where architectural review may be legally imposed according to the land management code, nor to projects in the city's historic zones where architectural archi-tectural license has been given to the Historic District Commission. The ruling did not, however, how-ever, suggest Park City should never have architectural architec-tural control over permitted uses in specified zones, only that the land management code is not specific enough regarding the subject at this point to legally permit the controlls. Judge Fredericks concluded conclud-ed architectural review, even in permitted use cases, is a valuable tool in maintaining existing property values and attaining a city-wide architectural archi-tectural quality that is aesthetically pleasing. Specifically, the judge ruled developers should not be subjected to architectural review without being first provided with comprehensive comprehen-sive guidelines that detail what constitutes an acceptable accept-able architectural approach to a new project and what does not. Although architectural guidelines have been prepared pre-pared for the city's historic areas they have not for other Park City zones. Primarily, the determination affects those zones where hotels, commercial buildings and condominium projects are permitted uses. Those zones are recreation commercial (RC) near the Park City Ski Area and general commercial commer-cial (GC) existing in pockets throughout the city. City Attorney Tom Clyde said he was somewhat "relieved" at the ruling because it answered a legal question that has been hotly debated for some time between developers and city officials. "At least we know now where we stand, legally, with respect to architectural review in permitted use cases," Clyde said, "it also gives us some direction if we want to legally exercise the controls." Some of the options available to the city at this point, according to Clyde include, exercise no architectural architec-tural control; regulate building build-ing materials but not neces sarily arcnueciurai concepis, and draft architectural guidelines for existing city zones besides those with historic designations. Planning Director Bill Ligety said he was disappointed disap-pointed with the ruling, but agreed with Clyde it is important to have the legal questions answered. Ligety feels architectural guidelines for the affected zones can be easily and quickly prepared which would permit architectural review to be legally imposed. ' ' Architectural guidelines for those areas would not take months and thousands of dollars to prepare like those covering the historic zones," Ligety said, "It's a simpler task and could be completed relatively easily and quickly." Ligety adds he favors that approach opposed oppos-ed to giving up controls altogether or just regulating building materials. The subject of architectural architectu-ral guidelines for other city zones has been added to the Planning Commission's Feb. 9 agenda. The legal determination came about at the conclusion of a somewhat lengthy battle between the city and Don-coy, Don-coy, proponants of the 12 unit Empire House condo project proposed for Empire Avenue's 1400 block. The project designed by local architect Dick Kohler is a permitted use in its underlying RC zone. A building permit for the condos was denied by the Planning Commission because be-cause its replicate Victorian architecture was deemed incompatible with more contemporary con-temporary existing structures struc-tures near the resort. The decision was appealed to the City Council which upheld the Planning Commission's decision determining architectural archi-tectural review can be legally imposed even in permitted use cases. Kohler finally obtained a writ of review in the Third District Court which precipitated precipi-tated Monday's ruling. A building permit for the Empire House condos has apparently been issued. |