Zoning Board Meeting
09/28/00
Joseph L. Oliver
7025 Song Lake Rd.
First I would like to be given legal standing with respect
to zoning issues that involve the proposed Utah Flying J
site. As I stated in my letter of appeal, Aug. 8,
2000, I was granted legal standing by the Zoning Board specifically
requesting my presence to comment on the Paul Bunyon signage
issue. I came to that meeting at the written request
from Mr. Dan O'Shea and Preble Town Law was executed properly.
The Flying J proposal is six times closer to my home and
has the magnitude of a small city being built directly across
from my families home.
This is of extreme concern because of the eminent threat
to the Homer Preble Aquifer, air and water pollution, noise
pollution, signs, severe flooding, sewerage overflows, and
my steadfast concern of the increased risk of child abductions,
molestations, perversions as those in the Little York rest
area off interstate 81, illegal drug traffic, and the associated
dangers found in sites such as this interstate Flying J
truck stop- just a short walking distance to my home.
I have everything to loose that I love about my home and
my town, Preble. Safety, value, day time view, night time
view full of stars, country living, the best drinking water
I have ever had in my life…."I love my home,
I love Preble and I want to live here for the rest of my
life!"
Prebles zoning laws were made to protect the people of Preble.
The decision of the Zoning Board Code Enforcement Officer
does not follow the Zoning Law Section 535 " Commercial
structures shall be located so as to be a minimum
of one hundred feet from any non-industrial district.
This one hundred (100) foot buffer strip shall be perpetually
maintained so as to provide visual screening and separation
between commercial and non-commercial uses."
By definition of Town of Preble Zoning Law Section 210 defines
a structure as anything attached to a structure is part
of a structure. All of the waste treatment discharge system, 4500' pipes,
5- 1000 gal. pre-cast concrete effluent pumping chambers,
5-1000 gal. dual compartment pre-cast concrete septic tanks,
5-5000 gal. Pre-cast dual chamber septic tanks with vented
traps and caps, and finally a distribution structure that is drawn larger than all of the other structures
(the distribution structure is conveniently
not dimensioned on the site plan) are all attached to
two structures! The first is the main Flying J building
(structure) the second is the "Distribution Structure"
that is conveniently not dimensioned on the site plan supplied
by Flying J. Flying J defines it as a structure on the site plan located
under the trees in the buffer zone!
The Honorable Judge Rumsey's Decision
and Judgment, Index No. 35525, RJI No. 99-0396-M clearly
states:
"The purpose of a buffer is to provide a separate
one hundred (100) foot area where no commercial activity
can take place."
Flying J's site plan fills the buffer zone full of structures,
above ground and below ground, attached to structures all
with 100% commercial activity. The violation of Preble
Law is very clear.
Please grant me the ability
to protect my family here in Preble by granting me legal
standing and uphold Preble's laws to keep all structures
and commercial activity of Utah's Flying J out of all of
the buffer zones.
Thank you,
Joseph L. Oliver
Sept. 28, 2000
