One of several points made against developers on the denied Canyons maintenance building on Canyons Resort Drive was that a proposed retaining wall behind the facility was a "structure" and thus in violation of code, since it was close to a wetland. Now developers have filed an appeal challenging the county community development director's interpretation of what a "structure" is.

TCFC PropCo, LLC, submitted the appeal to Summit County, which will be discussed at Wednesday's meeting. According to county documents, the project plan for the ski maintenance building called for a retaining wall up to 18 feet in height. The purpose for the wall would have been to "support the maintenance yard and parking lot" for the facility.

During public hearings in April regarding the facility, one point of contention had been that the retaining wall was too close to a nearby stream and a wetland. According to Section 10-4-2.C: Environmental Criteria of the Snyderville Basin Development Code:

"no structure shall be located within forty feet (40') of a wetland. No structure shall be located within one hundred feet (100') of a year round naturally occurring stream, a reservoir, lake or pond "

The Development Code also defines a "structure" as "That which is built or constructed, an edifice or building of any kind, installed on, above or below the surface of the land or water." Thus, the county maintains that the retaining wall is a structure because it is necessary for them to "build or construct" it and it would support "structural fill" for the maintenance yard up to 18 feet in depth adjacent to a wetland, according to the documents.

The Summit County Council will discuss the appeal during Wednesday's meeting at the Summit County Courthouse, 60 N. Main Street in Coalville. The item is scheduled for 4:30 p.m.