Developer struggles for council approval in Hyrum

By M. Cory Broussard

April 26, 2006 | HYRUM -- Troy Kartchner's subdivision has been waiting for approval for over a year. He is out of lots to develop. And he says the city is trying to charge him money illegally.

Over a year ago the city approved the development with the condition that Kartchner Homes Inc., Kartchner's development company, pay for the utility stubs that connect his development to the city's resources. Utility stubs are small sections of piping that traverse the distance from the street to the edge of the development, and were installed by the city when they realized the area was going to be developed. Kartchner believes the city should pay for the stubs, citing an ordinance that says the city should be treated as a developer in such situations.

The Hyrum City Council disagrees and says they installed the stubs in order to help Kartchner, not to hurt him.

"I want to be fair and consistent," Mayor Dean Howard said. "So that you and others will know what to expect."

Kartchner says that the way to be consistent is to follow the ordinance and have the city pay.

"I want to be a good neighbor," Kartchner said. "It's hard sometimes because it feels like it's not there."

Kartchner encouraged the city to pay, saying that he was helping them out by building a subdivision and they should be a good neighbor and pay for the stubs. The city council knows nothing of the ordinance Kartchner is referring to, however, and said the only way to resolve the situation was to have the city lawyer look at the ordinance.

In the mean time Kartchner's development will go without approval. This doesn't mean that Kartchner can not continue with construction, just that the final bill is not agreed upon. Kartchner said he trusted the council's judgement, but he wanted everything to be fair.

"If you think it is fair then I will pay for it," Kartchner said.

"I think it is fair," Councilman Craig Rasmussen said. "But it needs to be looked into."

The council will contact Kartchner after the lawyer has reviewed the case. If the ordinance proves Kartchner right, the city will pay for the stubs. Other wise Kartchner will have to assume the cost no matter how unfair he believes it to be.

NW
MS