EAGLE MOUNTAIN -- Several residents opposed a rehabilitation center allowed in their Eagle Mountain neighborhood, and six months later a few of their concerns have been realized.

City officials had OK'd the center, adding 27 conditions in the approval intent on protecting the center's nearby homeowners.

The Ark of Eagle Mountain, a residential group home for adults being treated for mental health behavior and chemical addictions, has not complied with landscaping and parking conditions set by the council, and asked for an extension at this week's City Council meeting.

"I want it noted that they came to talk to us about this in September," said Eagle Mountain Mayor Heather Jackson.

Council members were clearly annoyed that the center had broken its conditional use permit and wanted an assurance from its program director, Steve Bruncan, that it would not happen again if the council granted an extension.

When The Ark of Eagle Mountain opened, a professional landscaping plan was submitted to the council and the applicant was given six months to complete the landscaping and parking. The plan included a six-foot high sight-obscuring fence. So far, no one has begun landscaping at the property.

At an open hearing and the council meetings in April, Eagle Mountain residents spoke out for and against the center. They raised concerns that included violence in the area, its distance from the nearest emergency room, houses adjacent to the center falling in price, robbery and even indecent exposure.

A blog posted by Councilman David Lifferth on April 8 stated, "As a result of being in the position of wasting 'blood and treasure' in an economic downturn to fight a losing legal battle, I and the other members of the council chose to begrudgingly approve the application with as many conditions and stipulations to protect the residents and neighborhoods of Westview Heights, Cedar Pass and Meadow Ranch as we felt would be legally viable."

He added, "It appears at this point that American Disability Act and case law trumps local zoning laws. A half-dozen cities in Utah have fought this and lost every single time."

The reason Bruncan gave for not complying with the landscaping and parking conditions was "financial hardship due to legal proceedings with residents."

Bruncan said the litigation has been dropped and more residents could now be taken into the home.

Councilman Ryan Ireland asked Bruncan, "What assurance can you give us that you won't come forward in six months and say you need another extension?"

"I am committed to making this a success and meeting the conditions," Bruncan replied.

After more questions from council members, a motion was made that the center be granted until June 1 to complete the landscaping and parking.

"I think June 1 is a little too lenient," said Councilman Nathan Ochsenhirt.

A new motion was made that the city would not accept any excuses and would revoke the conditional use permit if the conditions were not met by June 1.

The vote passed with two of seven council members voting against the extension.

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