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CONTROVERSIAL WARD FARMS SUBDIVISION VARIANCE DENIED

Tuesday, November 17, 2015 - 10:15am
Helen R. Taylor

CONTROVERSIAL WARD FARMS SUBDIVISION

VARIANCE DENIED

 

By Helen R. Taylor

 

Developers, Brian Robbins and Rick Scadden, of the Ward Farms Subdivision (W of Fruitland Drive at 1900 N 900 E, North Ogden) requested a variance from the North Ogden City Council (NOCC) that they “not be required to provide the connection road between the project and Fruitland Drive.”  The public hearing on the matter was well attended and became animated at times, where Mayor Brent Taylor had to reprimand the citizens to order, in order to continue.  Citizen Dean Mossi commented that Fruitland Drive is “a narrow two-lane road with no shoulder… can be somewhat dangerous… people tend to drive in excess of posted speed limit...” Dean presented a local petition from fellow homeowners with the intent “to prevent the creation of a new access road from the subdivision onto Fruitland Drive… the negative aspects… will greatly compromise the safety and welfare and degrade the quality of living of those who reside along this thoroughfare.”  Citizen William Breckbill has lived on Fruitland Drive for 35 years and said “there are 5 other access points from the development… the connection to Fruitland Drive is not necessary…”  Mr. Breckbill continued, “this is not a matter of access, rather, it is a matter of looking at a rule that applies to a standard subdivision and wondered if the access… is good for the public…”   He pled with the council, “common sense must be considered greatly…”  Citizen Todd Harris said, “the most dangerous part of his day is getting out of his driveway on Fruitland Drive and making a left hand turn.”  Mayor Taylor noted that “public safety is a high priority for the City… the Council (previously) voted, with his support, to proceed with the Monroe Blvd. project because Fruitland Drive cannot handle increased traffic.”  City Planner, Rob Scott, reviewed the extensive process that the Planning Commission (PC) undertook to consider this variance and they recommended approval.”   Mayor Taylor “was very surprised the PC would approve (the variance)… after the City Attorney told them it violated City ordinances… since it is uncommon for the PC to act outside their authority and take an action contrary to City ordinances.”  NOCC extensively evaluated the criterion to qualify for a variance in this matter, and ultimately denied the request in a 3-2 vote against.                     

 

In closing comments with regard to the Ward Farms variance denial vote, Council Member (CM) Cheryl Stoker emphasized she “understands the Council voted in accordance with City ordinances… but that does not make it right… and thinks the Council made the wrong decision…”  CM Kent Bailey said his “biggest issue… is the PC violated City ordinances… and for the NOCC to do the same thing just because they did not agree with the ordinance would have been wrong… if the Council feels strongly… they should amend the ordinances rather than violate them.”  CM James Urry stated, “the discussion… was very valuable… and agrees that the wrong decision was made tonight.”  CM Phillip Swanson stated “the decision to force a connection to Fruitland Drive…is problematic, but he took an oath to uphold laws and the Constitution… and felt he had to follow that tonight.” Mayor Taylor stated he “appreciates that everyone was able to engage in a difficult… debate and still be friends… afterwards.”

 

In other news, CM Urry reported he was “thanked… for recruiting Hobby Lobby to the City… (and will) occupy the building vacated by Smiths.”   Voting time is upon us and every registered voter should have received their ballots in the mail.  It’s really easy.  Just follow the directions on the envelope and sign your ballot prior to sealing.  Stamp it and mail it, or drop it by the City offices!