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Show Possible discrimination Mjmdmts protest remnmg By GARY R. BLODGETT Clipper News Editor BOUNTIFUL -- Charges of possible pos-sible discrimination and illegal re- zoning were leveled at the Bountiful Bounti-ful City Council last Wednesday night for the council's prior action to rezone property owned by Ren-dell Ren-dell Mabey. ATTORNEY Peter Guyon, representing rep-resenting a large group of residents who live in the area of the proposed rezoning, said that "all other areas of the city zoned for single-family dwellings restrict development to seven units per acre." Zoning of the Mabey property prior to the proposed rezoning would allow 13 units per acre. The council, however, restricted this particular development to 10 units per acre. THE COUNCIL earlier approved the amended zoning --actually --actually making a new district out of Neighborhood 9 District 7 - but postponed action on the revised ordinance until later. No date was set for the council's final action and signing of the ordinance by the mayor, but Mayor Dean S. Stahle said a decision should be reached "within 30 days, probably sooner." Councilmao-Harold Shafter, who voted against the original rezoning, re-zoning, asked that a "hold" be put on any further plans or construction construc-tion on the site until the issue is settled. This portion of the proposal propos-al was included in the motion approved by the council. "TO ALLOW 10 units per acre in an area of which similarly zoned areas in the city are restricted to seven units per acre would be discriminatory dis-criminatory and possibly illegal," Atty. Guyon told the council. The attorney also alleges that the council's action amend the district zoning was in violation of the city's master plan which is a guideline for residential and commercial development. de-velopment. He added that a Planned Plan-ned Urban Development (as proposed) prop-osed) would constitute "spot zoning" zon-ing" and would be in violation of neighborhood residents because the rezoning would not be protecting protect-ing the valuation of their homes. HE EMPHASIZED that the overall affect of the rezoning would create a legel presidence by establishing estab-lishing higher density in a residential residen-tial area. "What is to stop other developers from coming to the council, under similar circumstances, circumst-ances, and seeking density higher than 'is allowed by current zoning?" zon-ing?" the attorney asked. He said he would "seriously question that the action taken (to form a new district with a higher density zone) is beyond the authority author-ity of the city council." ASSISTANT City Atty. Russell Mahan advised the council that he "is not aware of any wrong doing nor could he in any way interpret the council's action as being unconstitutional." |