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Spanish Fork reverses spot zoning of house

SPANISH FORK (Deseret News) — The City Council reversed itself Tuesday and rescinded the spot zoning of a southeast neighborhood home that allowed it to have a legal basement apartment.

But the action still allows Brad and Melanie Fillmore to have the apartment as a non-conforming use. However, if they or some future owner ever stop using it as a rental, the use goes away, city attorney Junior Baker said.

Nearly a month ago, the council approved the rezone of the home at 1968 E. 1200 South in a neighborhood that doesn't allow accessory apartments to assist the Fillmores from losing their home. State law allows it, but "the state was wrong" in allowing spot zoning, Councilman Richard Davis said.

"It opens a can of worms," Davis said, asserting that the council should go through the lengthy process of study and hearings and then rezone the entire neighborhood, if warranted.

The council received several e-mails from residents opposed to the rezone that were not entered into the record, Mayor Wayne Andersen said. That was corrected and apparently spurred the re-hearing. Residents in opposition didn't show up at the first hearing, but instead e-mailed the council.

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