(UNEDITED) In one sweeping move, Weber County Commissioner Jan Zogmaister, supported by fellow Commissioners Ken Bischoff and Craig Dearden, expanded their powers of office through an unprecedented interpretation of a county ordinance.
The expansion of powers came after Zogmaister invoked Weber County ordinance 31-6 at a County Commission meeting held February 16. The ordinance was initially adopted to allow Commissioners to grant temporary exceptions to county ordinances in the event of an emergency. The ordinance states, "Such temporary exceptions may be granted upon the County Commission determining that such a temporary exception is justified because of some unusual, emergency, act of God situation . . . ."
A few weeks ago, Diamond Peaks Heli-Ski Adventures, who also contracts with Weber County for avalanche control and search and rescue operations, began using the back-patio area of Wolf Creek Resort's Red Moose Lodge as a helipad to land and pick up customers for heli-skiing on the backside of Powder Mountain. Red Moose Lodge is located in Eden on the floor of Ogden Valley.
Because of noise levels and other concerns, a complaint was submitted to the county. The county proceeded to place a cease-and-desist order on the commercial helicopter operation. The landing and taking off of helicopters from helipads is a conditional use in the commercial zone where the activity was taking place. As such, a petition for approval of such activity must go before the Ogden Valley Township Planning Commission and be addressed in a public hearing where public comment is taken. The Planning Commission then makes a recommendation for the proposed activity to be approved or denied.
After the cease-and-desist order was given, a Wolf Creek representative petitioned the county, asking for an exception to the ordinance, which exception the Commissioners then granted, thereby abrogating county ordinances in favor of a special interest.
When queried, Weber County planning staff stated that they had never seen the Temporary Exception ordinance invoked before.
This action by our Commissioners sets a dangerous precedence, conveying to their office broadened powers that allow them to subjectively usurp county ordinances whenever they deem it appropriate. A legal precedent has now been established that, in a court of law, could mandate such favors for others too; in essence, weakening the authority publicly adopted ordinances, and strengthening the authority of the Commissioners.
Weber County ordinances have been developed and adopted through a rigorous process that includes public involvement and input. These laws and ordinances are established to provide a level playing field whereby residents and businesses alike are governed. These adopted parameters, when enforced fairly and objectively, provide the framework for a just and stable society.
Weber County Commissioners, by granting this exception and bypassing the established public process in favor of a special interest, have shaken the confidence of their constituents and, in the process, have expanded their own governing powers.
Shanna Francis
Eden
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