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Sunday, January 19, 2014

Water's Edge Lawsuit Stopped


Anita Weston, Reporter

Rich Civic Times 

GARDEN CITY, Utah.  January 9, 2014.  The City became vulnerable to lawsuits because of a problem with procedures concerning the Water’s Edge Subdivision.  When the Water’s Edge PUD asked for a change in height, the issue was sent to the Appeal’s Board.  The Appeal’s Board determined that the Planning and Zoning Committee did have the right to negotiate height.  However, after the Appeals Board, the item should have gone directly to District Court.  Mr. Mecham, however, was sent back to P&Z. 

After a long and complicated discussion, it was determined that Mr. Mecham would stay within the height restrictions and that the ridge line would be the considered the line between lakeside zone and the commercial zone.  It was also noted that the building footprints would be much larger than on the original plans. 

Mr. Mecham agreed to stop the court proceedings which would allow the City to keep their insurance.  He also agreed to sign the required papers to stop the lawsuit..  However, it was noted that the Appeals Board would have to call a meeting vacate their decision.  The City Attorney was present and indicated that the paper Mr. Mecham agreed to sign was all that was needed to take care of the situation and still allow the subdivision to move forward.  Mr. Mecham will need to redesign the project and once again go through the required steps for a design approval.

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