Backyard build could send Layton man to jail


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LAYTON — A Layton man has had a decades-long dream to restore a 1955 Ford pickup truck, but without a workspace to do so, that dream was put on hold — until he decided to build one in his backyard. The problem is, Layton City officials have now filed criminal misdemeanor charges against him for it.

“I approached the city, got the paperwork, paid the fee,” said Chad Rackham, 58.

According to Rackham, he followed all the city’s legal requests step by step. He says he went through the process to build an outdoor detached garage to use as a space to rebuild his dream vehicle.

“I asked them exactly what to do,” Rackham said.

Rackham said he was told the structure had to be constructed at least 20 feet from the curb. But it wasn’t until after he had already started building that city code enforcement notified him that the shed must be 20 feet from the property line, not the curb, because his house was on a corner lot.

Steve Garside, a spokesman for the city of Layton, said they sent Rackham a notice by mail to stop construction until the building could be brought up to code or it would have to be removed or relocated to meet the proper setback requirements outlined in the ordinance.

“I went to the city manager’s office and asked if I could appeal, they said there was no appeals process and the variance board decision is final,” Rackham said.

At that point, Rackham went to the city court to attempt to request an appeal. “The city court told me I had to go to the district court, and they kept bouncing me around. No one would accept my request to appeal this decision,” Rackham said.

He continued to build the shed, and Rackham said it was a hard decision to finish building without approval because he was trying to do the right thing and follow all the city codes, but he was met with roadblocks and a “ridiculous” lack of communication along the way.

Photo: Ray Boone, KSL TV
Photo: Ray Boone, KSL TV

“It was really frustrating,” Rackham said.

Rackham said he feels like he’s being singled out. “I’ve seen similar structures around the city that don’t appear to meet the city code, yet they are not being punished.”

In August, the Layton City Attorney’s Office filed three misdemeanor charges against Rackham for violation of city ordinance, building without a permit and violation of a stop-work order.

“I just don’t understand,” Rackham said. “There have been no complaints, it’s not a hazard, no one can explain, no one will return my calls.”

The charges against Rackham carry fines up to $1,000 and a maximum of 90 days in jail.

“I’m being treated like a common criminal,” Rackham said. “I’m a veteran, retired from the Air Force and the Army, I’m a postal worker, I have lived here since 1999 and have not had a scar on my record — now I could go to jail?”

Rackham said the mayor of Layton has been accommodating, but many other city employees have not.

“It’s my passion,” Rackham said, reiterating he just wanted to build a space to restore his favorite Ford, but he says he never thought his dream could turn into such a nightmare.

Mayor Bob Stevenson could not be reached for comment Thursday.

Rackham pleaded not guilty to the charges against him in 2nd District Court on Oct. 4. His next hearing is planned for some time in January 2017, he said.

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