By Myrna Trauntvein
Times-News Correspondent
Oops, sorry folks, that boy's home cannot be built in
Mona after all because, according to Mayor Bryce Lynn, there
is no business license allowed in R-1, except a small
non-impact home business.
David Starling, representing the boy's home, attended
Mona City Council meeting to get a business license and was
turned down.
"It doesn't qualify," said Lynn. "In my way of
thinking, it's not going to happen."
The reason he had not thought about it before, said
Lynn, was that he was caught by surprise and had not taken
time to consider the city's own ordinances. However, two
days ago, as he was driving home from work it had struck him
that such a use was not possible under present city
ordinance.
Lynn said, that at a previous meeting, the attorney
for the boy's home had threatened the city with a law suit
if they failed to allow the business. Still it was not a
valid use, said Lynn.
"Plain and simple, it's a business and we don't allow
business licenses in R-1," said Lynn.
He said the city had just three zones: residential,
commercial, and agricultural. Main Street was the only valid
commercial zone in the city.
It was a valid argument, said Rory Nielson, council
member.
"Our lawyer is looking at it and he said it was a
valid concern," said Cory Squire, council member.
"We need to get our attorney's opinion before we do
anything," said Quinton Kay, council member. "At this time,
we can't say, 'yes,' 'no,' or 'maybe.'"
Starling said it sounded as though the council members
had discussed the issue amongst themselves before the
council meeting and out of the public eye.
That was not the case, said Lynn. When it occurred to
him, he called Squire and Squire told Lynn that he would
call the city attorney.
Rick Kolsen, council member, said that, at any rate,
prior to allowing a business license there were still
council concerns that the attorney for the boy's home needed
to address.
"We needed to table your request for a business
license for now," said Kay.
"Is this your last concern, or will there be more as
you drive home?" asked Starling.
He said he was at the meeting alone and had not come
prepared to address the problem presented by the mayor.
However, he did want the council to understand that money
had already been spent, "in good faith" to significantly
improve the property.
"When you are meeting such community resistance, why
do you want to come here?" asked Denise Pay, city meter
reader.
"They (youth homes) meet the same resistance in every
community they go into," said Kolsen.
Nevertheless, said Lynn, in Mona it was required that
a business be located in C-1 in order to get a business
license.
Starling left the meeting and then returned and asked
to be recognized by the council once again. However, the
result remained the same, the issue was tabled and a
business license was not issued.
"Our attorney has only had one day to consider the
question," said Squire. "He has not had time to
respond."
Since the attorney knew better than the council the
legal intricacies, he needed to be waited for, said
Nielson.
There was one other point, said Lynn, the attorney's
fees would be paid by the boy's home.
"You instigate it, you pay the attorney fee," he said.
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