By Myrna Trauntvein
Times-News Correspondent
Two meetings ago Dale Nelson, a property owner in
Mona, attended a city council meeting to discuss
developments which are adjoining his subdivision which will,
in his opinion, cause his two lots to be landlocked.
However, Nelson had neglected to have his name and
reasons for attending a council meeting, placed on the
official agenda for the meeting. That being the case, his
concerns could not be acted upon.
Council members did hear him out after the meeting but
took no action and requested that Nelson attend a council
meeting where he had placed his name on the agenda so that
his business could be handled.
Meanwhile, Mona council members and Mayor Bryce Lynn
and Attorney Phil Lowery, who is on retainer with the city,
received a letter from Robinson, Seiler & Glazier, LC,
attorneys representing Nelson.
"It has come to our attention that developments which
are adjoining to the Lakeview Subdivision may have been
subsequently approved by the City of Mona, which subdivision
plans are inconsistent with the Lakeview Subdivision as
approved and recorded in 1978," wrote Jared L. Anderson,
Nelson's attorney.
Nelson contends that property directly East and South
of Lakeview Subdivision may have been approved in a way that
land locks lots two and three of the subdivision. He owns
those two lots.
Nelson said that he had received all necessary
approvals for the Lakeview Subdivision in 1978. Plat A was
recorded on June 27, 1978 in the official records of the
Juab county Recorder.
Then the council, now seated, approved developments
adjoining the subdivision which are inconsistent with the
Lakeview Subdivision, according to Nelson's viewpoint. He
said the council approved 300 West Street road in 1978 and
had him set aside 28-feet as one-half of a roadway.
"You will need to get with the property owner of the
property located next to you and find out what you can do if
you want to develop," said Lynn.
The roadway will now be built on 350 West because of
homes which have been built since 1978 and would be in the
path of the road. The 300 West road would only serve one
block and the 350 West road will travel all the way to the
highway.
"I think the city has some responsibility to honor its
commitments," said Doran Kay, council member.
Harry Newell, council member, said that if the road
were to be built using the 28-feet of Nelson's, the road
would be too close to an existing home.
In addition, said Rick Schnurr, it is difficult to
tell a property owner where a home can be situated on a lot
as long as the lot is large enough to accommodate the lot
requirements and is not too close to another property.
The council can suggest, he said, but cannot force.
Likewise, the planning commission can strongly suggest a
proper location. When it comes right down to it, however, a
home builder can build a house on his lot.
Had the road been built, then it would be a different
matter because the homes which have been built subsequently
would not have been situated as they were.
"Those two prime lots were my wife's and my
retirement," said Nelson.
Mayor Bryce Lynn, however, does not agree that the
city is obligated.
"Nelson knew that he was going to have to work with
other property owners in order to make his lots accessible,"
said Lynn. "Our approving 350 West is not inconsistent with
the development of 300 West."
Schnurr said that the city attorney, Phil Lowry, told
him that the only way the town could be held responsible was
if there was an agreement signed by the city and Nelson.
"The only thing the city of Mona would need to do is
state that we would not stand in the way of the developer,"
said Lynn.
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