Summit County Council to hear appeal about Canyons Golf Course work
October 11, 2016
Terry Reilly used to count the views from her home as some of the best in the Sun Peak neighborhood. She had a clear shot of Park City Mountain Resort and the Canyons Golf Course from her backyard.
But all Reilly can see from her window now is dirt. For more than a month, the views from her home on Voelker Court have been blocked by a nearly 20-foot berm.
"I've lost my privacy and I would like to see the berm come down. I would like to see the mountains again," Reilly said.
Reilly was one of several homeowners who requested an appeal with Summit County to protest construction on the eleventh hole at the golf course. The appeal is scheduled to go before the Summit County Council on Wednesday, Oct. 12, at 3:15 p.m.
Hole No. 11, currently a par 4, was always intended to be a par 5, but a ski maintenance facility on Frostwood Drive prevented it. Former County Manager Bob Jasper ordered that the hole be completed by October 2016. Last year, the Summit County Council approved a new location for the facility. The developer, Replay Resorts, was issued a grading permit to complete the hole on Aug. 26 through the Summit County Engineering Department.
While the course is being completed, Replay Resorts is also building a berm to comply with a master storm-water plan as required by the Utah Department of Environmental Quality using dirt from a nearby project. According to a staff report prepared in anticipation of the hearing, "the detention facilities will be modified and expanded in accordance with the storm water master plan."
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"When my home was appraised, it was appraised as if I was living on a golf course with mountain views. But I don't have a mountain view anymore and I bet I've lost about $100,000 or more of value," Reilly said. "I want the berm to go down or be built according to the original approvals allowed under law, even though I still don't understand the reasoning behind why it was granted in the first place."
According to a letter provided by Joe Tesch, who represents one of the homeowners in the appeal, the new berm "substantially interferes with the quality of living conditions of the people owning residences on those lots and almost entirely blocks out their views in a manner which causes severe economic damage to all of those parcel owners."
Mike Kendell, a Summit County engineer, said he granted the grading permit based on the county's ordinances. Kendell said he recently met with homeowners to explain that to them. From an engineering perspective, he said, the berm is not under their purview.
"A grading ordinance from engineering does not have anything in it that stipulates views. That has to do with planning and building," Kendell said. "I have looked at the permit and it complies with our grading ordinance. We looked at the property lines, setbacks, slopes and all the details that are in there.
"And when someone requests an appeal, what they are asking is whether the Summit County Engineering Department correctly administered that ordinance and I believe we did," Kendell said.
This summer, County Council members were faced with a similar situation on the East Side of the county when Wanship property owners contested the validity of work that was being done under a grading permit on a private motocross track. The track owner was issued a cease-and-desist order from Community Development Director Pat Putt. He appealed the decision to the County Council and won, much to the ire of nearby homeowners.
Reilly said her neighborhood needs the community's support in the matter. She compared the situation to the trademark issue with Park City Mountain Resort.
"Everyone was in an uproar over changing the name of Park City, but because it only affects a few people they aren't backing us on this," Reilly said. "I think, in the long run, this sets a precedent. How do we know what they are going to do down the line?
"I would plead that the community take more action even though it doesn't directly affect them," Reilly said.
To view the engineering department staff report prepared in anticipation of this meeting, go to http://summitcounty.org/DocumentCenter/View/3882.
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