Hurdles for Hornbeck

Saratoga resident John Hornbeck appeared before the Saratoga Town Council during the January 21 meeting of the governing body to request a signature on a petition for a zoning amendment. After significant discussion, however, Hornbeck was directed to obtain additional signatures before requesting one from the Town.

As was reported previously (see “MHCC moving forward with clinic” on page 20 of the January 15 Saratoga Sun), Memorial Hospital of Carbon County (MHCC) had approached Hornbeck about purchasing property adjacent to the Saratoga Care Center. The MHCC Board of Trustees would prefer the property be zoned Highway Business instead of RD 7200 rather than go through a special use permit.

Councilmember Bob Keel, who is employed with MHCC, recused himself from the council chambers for the discussion.

Hornbeck informed the council that there were nine property owners within a 300 foot radius that he required signatures from. Of those nine, five had already signed the petition and he was waiting on a decision from the South Central Wyoming Emergency Medical Services (SCWEMS) Joint Powers Board. Other property owners included Deseret Landco, owner of the building leased by the Saratoga Care Center, Robert Wimpenny and the Town of Saratoga.

When asked by Councilmember Jon Nelson how many of the property owners had approved Hornbeck’s petition, Hornbeck informed the council that three of the five property owners were against the zone amendment.

“I think the ratio … is actually important to understand. You need nine. There’s nine property owners within 300 feet. You have five responses,” said Nelson. “The thing that’s weighing on my mind is the fact that of the five people who’ve responded, three have said ‘no.’ So, this decision by the Town has significant weight on pushing it over the 50 percent threshold and overriding those three folks who have dissented.”

A concern was expressed by Randy Raymer as to whether the Town of Saratoga had a conflict in being a signatory on the petition as well as having the final say on whether or not the zoning of the property could be amended. Raymer also expressed concern that a signature could be given without prior public knowledge or input.

“How do you do that without any public knowledge coming forth to you when you are the major landowner in the area simply by request when it hasn’t gone through the process and you’re going to be the final vote of whether the zone change is allowed,” said Raymer. “Is there not a conflict there?”

Tom Thompson, Town of Saratoga legal counsel, responded to Raymer’s concern by stating that there was not a conflict. Thompson added that, regardless of how the governing body voted to sign, it still reserves the right to have final say on the zoning amendment.

As discussion continued, Hornbeck told the council that they would likely run into similar issues if they were to sell the property across from SCWEMS. 

“Agree with you 100 percent. My opinion is that it is our role to reflect the general opinions of the residents in the community,” Nelson said. “I’d rather have it be up to the surrounding properties at this state and up to the council later.”

While no formal vote was taken, the Saratoga Town Council requested Hornbeck attempt to get additional signatures and return at a later point for one from the Town.

The next meeting of the Saratoga Town Council will be at 6 p.m. on February 4 at Saratoga Town Hall.