Zoning conflict resolved

A zoning issue that first cropped up for the Sundance City Council at the latter end of 2021 was brought to a resolution on Tuesday through a simple motion.

The motion updated the zoning for five frontage lots within Sundance View Estates from “highway business district” into “low density residential,” as per the request of the owner.

The proposed change initially caused divided opinion among the residents of the subdivision, though most who commented on the matter seemed to feel the decision should be based on what would best help the City of Sundance progress.

While some preferred to see new businesses move into the locations, however, others felt that housing would be more beneficial to the community.

A further sticking point was presented by Jeffrey Boldt, attorney on behalf of two residents of the subdivision. Boldt explained to the council that the city has the power to change the zoning, but the covenants of the subdivision do not allow residences as a permitted use of those specific lots.

He told the council that changing the zoning would ultimately be an “exercise in futility” because the zoning ordinances cannot override, replace or annul those covenants. The land would become useless, he said, because they would be zoned to only allow residential use, but the covenants would prevent that residential use.

The matter was tabled to allow City Attorney Mark Hughes time to look further into the legal ramifications of the decision. In the meantime, the council heard on Tuesday that the residents of the subdivision had come together to solve the problem internally.

According to Hughes, residents were able to gather enough signatures to change the covenants, which in turn would allow the land to be used for residential purposes. Zoning the lots as low density residential would therefore not cause issues.

The covenants, said Hughes, now indicate they are noncommercial, residential lots.

“The council could have rezoned it anyway,” Hughes clarified. He stated that it is his belief the covenants would have probably taken precedence over the zoning but, thanks to the change in those covenants, “Now there’s no conflict.”

The council passed a motion to approve updating the zoning on the five lots to low density residential.