The Carbon County Commission has approved a petition to vacate roads and rights-of-way in the Scofield Reservoir Campsite Subdivision. The approval followed the reading of a prepared motion from Commissioner Casey Hopes during the regular commission meeting of Feb. 15.
A public hearing on the petition was held during the commission meeting two weeks ago, where many of the Campsite property owners, along with their legal counsel spoke in favor of the petition, while the attorney for one of the property owners spoke in opposition. The agenda item was tabled on a two-to-one vote with a commitment to take it up again at the next meeting.
Homeowners object to commercial development
The petition was initiated by the Scofield Reservoir Campsite Corporation, acting as the Campsite Home Owners Association, after one of the homeowners started renting out his properties in the subdivision. Lehi real estate broker and property management agent Brian Brown has advertised for rent a two bedroom cabin that sleeps 12, and a seven bedroom “Lake House” that sleeps 45.
The majority of Campsite property owners contend the rentals change the character of the subdivision from a fish camp and water sports weekend getaway, to a site of commerce. Vacating the roads reinforces the HOA’s control of the roads through the subdivision bylaws. Brown opposed the vacation of the roads out of concern the HOA would block access to his properties.
The Campsite roads were conveyed to the subdivision in 1983 by the Carbon County Commission through a quit claim deed, but documentation of the conveyance is lost or otherwise unavailable.
Good cause to vacate
In his motion to approve the petition, Commissioner Hopes said there was good cause to vacate the roads because the county has already deeded the roads to Campsite. “Further,” he said, “the Campsite has maintained and improved these roads over the past 34 years. Campsite has expended funds to these roads. The Campsite has exercised control of these roads for all these years and has established rules regarding these roads.”
Hopes also said in his motion, “The right to control these roads is directly tied to the ability of Campsite to establish and maintain order in their subdivision.” He noted the general public has not in any significant manner used these roads to access the beach, and no individual will be harmed because the Scofield Campsite Subdivision has removed language in its bylaws that may have denied access because of a violation of the rules.
The motion to approve the petition to vacate the roads was unanimous. During the discussion after the vote, Commissioner Jae Potter noted that he supported approving the petition immediately after the public hearing, and was still in favor. He also raised some concerns regarding oversight on the rental business venture. “I’m wondering if we could have planning and zoning look into any fire-coding and occupancy issues we may have in that general area,” he said. “That would help us better define and protect public safety.” Potter also wants to make sure the Transitory Room Tax (on the rental properties) is being collected and submitted.