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Centerville Board of Adjustment has Wal-Mart's appeal
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

CENTERVILLE - City officials are hitting the books in preparation for hearing Wal-Mart's appeal of Centerville City Planning Commission's tie vote that could keep the giant retailer out of the city.

Wal-Mart filed the appeal Tuesday and is set to appear before Centerville City's Board of Adjustments on Sept. 8.

A training session this week will help board members deal with Wal-Mart - "their most difficult assignment so far," said City Manager Steve Thacker.

In addition, the five-member citizen panel has seen an increase in appeals since last December when Centerville adopted new zoning ordinances, Thacker said. "The new code expanded the duties of the board."

Board members have been undergoing periodic training sessions focusing on the new codes. They are meeting today with West Valley City attorney Nicole Cottle, to discuss the appeals process and the new statutes.

In considering the Wal-Mart appeal, Centerville City Attorney Lisa Romney said the board's job will be to determine if the Planning Commission's decision to deny Wal-Mart's request for a conditional-use permit holds up. The request failed when a planning commissioner withdrew from the proceedings, citing a conflict of interest, and the vote ended in a 3-3 tie.

Officials don't expect a tie vote from the five-member adjustments board, which also includes an alternate member in the event anyone drops out.

Still another Wal-Mart plan - to include other retailers in its nearly 25-acre site - will be heard next month by the City Council.

All board members, including the alternate, have received a packet containing staff reports; results of traffic, crime and economic impact studies; and the minutes of 10 Wal-Mart-related Planning Commission meetings.

"They have been instructed to base their decision solely on the record [that has been] accumulated to this point, and not to listen to any more input from the public or the company," Thacker said.

Wal-Mart officials said the 3-3 commission vote did not play a role in its decision to appeal.

"We have over 3,000 stores, so I can't say unequivocally that we haven't encountered a tie vote before. But I would say it's rare," said company spokesman Eric Berger. "We usually appeal in cases where we feel like we've done everything right in the process and there is good reason for us continuing with our request."

In the meantime, members of Centerville's anti-Wal-Mart faction can only sit and wait.

"We are confident the reasons that planning commissioners gave for denying the permit still exist and will exist for time to come," said George Fisher, spokesman for the watchdog group Centerville Citizens First.

lorib@sltrib.com

No more input: The members must decide to keep or overrule the Planning Commission's vote on evidence that was already submitted
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