By Myrna Trauntvein
The claim of Houweling’s Tomatoes, Mona, that they have a vested right and should have a conditional use permit to build farm worker housing, was not found to be valid by the Juab County Commission.
At meeting on Monday, Colby Park, county planning director, read into the minutes a letter from the Juab County Planning Commission who had met on Tuesday, July 23, and held a public hearing on the question.
“As part of this meeting,” said Park, “a hearing was held on a vested right claim made by Houweling’s Utah Inc.”
“The finding of the Planning Commission is that Houweling’s engineer submitted two separate items for the commission’s review and approval. One time was a site plan approval for phase two of the greenhouse, the other item was a conditional use permit application for farm worker housing.
“These items are two separate issues and have to be addressed individually,” he said.
“The phase two site plan for the greenhouse was given tentative final approval based on completion of three requirements,” he said.
“The conditional use permit application was reviewed and found to not meet the requirements of the existing land use code and was therefore rejected and could not move forward,” he explained.
“Houweling’s does not have a vested right based on the fact they did not have an accepted valid permit application and therefore they do not have a vested right.”
Ryan Peters, county attorney, said that under the land use code, the commission must make a decision within 15 days of Monday and that decision must be in writing.
“It needs to be a written finding,” said Peters. “You can hold your own hearing but it is not required.”
“I am in favor of going ahead and accepting the recommendation of the county planning commission,” said Byron Woodland, commission chairman.
Clinton Painter, commissioner, said that he had that same opinion.
Richard Hansen, commissioner, made the motion to accept the findings of the planning commission and to adopt a resolution, as prepared by Peters, signifying that the commission agreed with the letter sent to them by the planning commission.