Frisco Town Council denies building application |

Frisco Town Council denies building application

FRISCO – Frisco officials overturned the Planning Commision’s approval of a controversial home in the Ten Mile Park subdivision Tuesday.

Frisco residents Michael and Amy Wolach appealed a development application by Gary Moss and Donna Skupien for the construction of a 2,900-square-foot, two-bedroom, single-family house in the Ten Mile park Subdivision. (The Summit Daily News previously reported it was a 1,500-square-foot building.)

The Wolachs first filed an objection in January.

Amy Wolach said they were initially concerned excavation would change underground water flow and flood neighboring basements.

More than months later, at the Aug. 1 meeting, the planning commission overturned the Wolachs objection application and approved the development application by a vote of 4-1. Only commissioner Cathy Cunningham opposed it.

When the Wolachs then appealed the planning commission’s decision, they based their appeal on architectural design.

According to Wolach, the building design did not adhere to the newly passed residential overlay district.

The building looked like a “mini-castle” because, opponents said, it encroached the bulk plane envelope by 850 cubic feet (approximately 10-by-by10-feet), Wolach said.

Moss said their design should have been reviewed in June, before the residential overlay district was approved, but was not because of an error on the part of the town.

Still, council members determined the design did not meet two of the residential overlay standards. They granted the Wolachs appeal and denied the building application. Town manager Alan Briley said an application is subject to any new regulations until it is formally approved.

Moss said he is extremely disappointed with the council’s decision.

“It’s just ridiculous,” he said. “Everyone’s just shooting from the hip, and they just don’t want anything built there. They act like this is some huge trophy house … but it’s not.”

The building’s footprint was restricted because of wetlands on the property. Moss and Skupien also were required to build the house above ground.

The house was designed with three stories to accommodate two bedrooms, which Moss said are only 10-by-13 feet.

According to town officials, Moss and Skupien must redesign their house to comply with the residential overlay standards. But Moss said he plans to take a different route.

“We’re definitely not going to accept the decision the town council came up with because, it’s ludicrous,” he said.

Though they have yet to make a final decision, Moss and Skupien are considering legal action against the town, Moss said. Their appeal would go to the Summit County District Court.

“They’re in conflict with their original variance,” he said. “Legally, I think there are some big problems there.”

The alternative is to fill the wetlands on the property and increase the building envelope, Moss said, which is allowed because they are man-made wetlands.

“(It) is legally in our right, and that’s confirmed by the Army Corp of Engineers,” he said. “At this point, I’m going to talk to some legal counsel and see what they recommend we do.”

Lu Snyder can be reached at 970-668-3998 x203 or

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