Mapleton-Wendell Gibby land tiff may finally be over

MAPLETON, Utah County — After years of wrangling with city officials and neighbors, Wendell Gibby received approval Wednesday for his 47-lot mountainside subdivision.

But the fight isn't over.

Gibby must satisfy 21 conditions, most of which he's already met. However, the city hasn't yet received final, revised drawings for the project. Residents argued that the City Council should receive those plans and make sure all conditions are met before granting approval. The project received preliminary approval more than two years ago.

The motion by Councilwoman Anne Tolley, whose term ends Dec. 31, and the City Council's unanimous vote upset the audience in the packed council chambers, many of whom accused city leaders of rolling over to end the eight-year battle that started with Gibby denying access to the Bonneville Shoreline Trail that crossed his property.

A Utah Supreme Court decision is still pending that could send the entire matter back to Mapleton residents in a referendum vote. That decision could nullify the City Council's approval of a zone change to allow Gibby to build 47 homes overlooking the quiet town with its mix of large lot estates and smaller private homes.

The City Council also approved a 29-foot right of way at the east end of Maple Street that would tie into a steep, 56-foot-wide street ascending the mountain to the subdivision.

When Gibby began building the road, he said it was to get power to a well. City officials now say it will be one of two roads into the subdivision when the plat is finally recorded. Because of a memorandum of understanding signed in May 2008 to settle the numerous lawsuits, Gibby didn't need a permit to build the road.

Mayor Laurel Brady, at her final scheduled council meeting before leaving office, expressed her dissatisfaction with what she termed a "dangerous road."

The Planning Commission recommended the council deny both requests, but city staff recommended approval.

"The ordinances are there to protect the residents," said Mapleton resident Randal Graham. "This does not."

Graham, whose property is on the north side of the narrow road, says the council changed city standards to benefit Gibby.

e-mail: rodger@desnews.com