Commission approves retroactive excavation/grading permits and septic approvals amid dispute over lot legality on South Mesa

The Rockville Planning Commission voted Aug. 12 to approve two retroactive excavation/grading permits and septic approvals for parcels adjoining 820 Eagle Crags, submitted by Logan Hebner and co‑applicant Angie Frabill Vasilio.

Commissioners voted after extended discussion and public comment about the history and legal status of several South Mesa parcels, boundary‑line adjustments, and whether the lots meet current zoning and septic‑density rules. The applicants said they obtained health‑department approvals from the Southwest Utah Public Health Department for the septic systems; the excavation/grading permit before the commission was submitted retroactively to document work already done.

Applicant Logan Hebner told the commission the excavation work was carried out after discussions with town staff and the Southwest Health Department and that the work included moving dirt that was largely replaced on site. Hebner said the project involved three parcels in the original 40‑acre subdivision and that each parcel will have its own septic system.

Several public commenters raised objections about lot history and legal status. One resident (identified in the record as Titan) pointed to town rules that prohibit public comment on an agenda item during the meeting and argued the lots were illegally subdivided in 1989 and that boundary adjustments had made them nonconforming. Other residents and applicants disputed that characterization and said the lots have differing histories and that prior approvals and local practice created a precedent for approvals on these lots.

Planning commissioners and staff clarified that the commission’s role at the hearing was to consider the excavation/grading permit and septic approvals; building permits and questions about buildability under the land‑use code are separate and would be handled later if and when a building permit is filed. Commissioners noted the Southwest Utah Public Health Department had issued septic approvals prior to Rockville’s septic density study adoption and reminded applicants that approval of a septic system does not automatically confer buildability for a dwelling.

Motion language read into the record described two septic systems, one on parcel R‑1305‑A‑5‑2‑B and another on parcel R‑1305‑A‑5‑3‑B, and stated the application complies with Chapter 5 of the Rockville Land Use Code and the Rockville General Plan. The commission approved the application on a roll‑call vote (Jane, Ken, Linda, Tim and Andy recorded as voting aye). The motion record shows five ayes and no nays; at least one commissioner who participated earlier was not recorded on that roll call.

The commission’s written approval includes a notification that applicants were informed of potential issues they could face when applying for building permits and that any future building permit must demonstrate compliance with applicable zoning, lot‑line and septic density requirements.