An 80-foot flagpole located near Tooele Valley Airport is not flying with Salt Lake City in the latest dispute between the city and a Tooele County landowner.
Utah's capital city, which owns and operates the airport, filed a lawsuit in 3rd District Court against an Erda family who installed the flagpole and the City of Erda for declining to revoke the family's building permit when the permit was void. They call the flagpole a "hazard" for pilots who use the airport.
"The lawsuit is not a surprise at all," he said. "Salt Lake City, they want to have an ability to do something about this flagpole they don't have jurisdiction, so I guess it makes sense."The flagpole immediately caused a stir when the Kunz family constructed it on May 12, but the story of these two neighbors goes back way further in time.
Then, a year after that, the Kunz family filed a lawsuit against Salt Lake City over the airport's operations, alleging that the airport has "created nuisances across the landowners' property in the form of, among other things, noise, invasion of airspaces, lights, fumes, vibrations and other nuisances attendant to the operation of an airport and flight aircraft."Then came the flagpole.
KSL.com was unable to reach the Kunz family for comment on Salt Lake City's lawsuit, and the family has yet to formally respond to the lawsuit in court. However, Neil Kunz told the Tooele Transcript Bulletin that it essentially serves as "a fence" between the two properties. The permit is only valid for six months unless there is progress made within that timeframe. Kunz told the council that he dug the foundation in November and began pouring concrete on April 21 after the region's long winter.
Meanwhile, the city's code allows for a pole up to 35 feet within the zoning district. All projects above that height must go through a conditional use review before they are approved.
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