Meeting Minutes 2007





The Garden City Planning & Zoning Commission held a special meeting on Wednesday, August 8, 2007 at the Garden City Office Building located at 145 W. Logan Rd.  Vice Chairman Smith opened the meeting at 7:00 p.m.


Commission Members Present:


           Frank Smith

           Jennifer Huefner

           Lance Bourne

           DJ Ballingham

           Pat Argyle


Others Present:


           Sharlene Millard                                          Scott Gough

           Chuck & Birgit Chinnock                             John Abraham

           Brian House                                                Paul & Kathy Webb

           Bess Huefner                                              Werner Romanczyk

           Anita Weston                                              Merle Spence





The minutes of the Public Hearing of July 11, 2007 were presented.  Commission Member Huefner made the motion to accept the minutes as written.  Commission Member Smith seconded the motion.  All in favor and the motion carried.


The minutes of the regular meeting of July 11, 2007 were presented.  Commission Member Huefner made the motion to accept the minutes as corrected.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.




New Planning & Zoning Commission member, Pat Argyle, received the Oath of Office.




Mr. Chinnock thanked the committee for this special meeting.  He said they are here for approval of a Conditional Use Permit so they can build a 26’ x 36’ garage with living space above in Shore Lodge Estates, Lot 15.  They want a Conditional Use because it’s a second dwelling on a lot within the Beach Development zone.  He has reviewed the 4 reasons for a Conditional Use Permit in the ordinances.   1)  The proposed use is desirable; He feels his presentation will show that.  2)  The use will not be detrimental to the health, safety and general welfare; He said it won’t be detrimental to the area.  At the public hearing of August 1st, there were no persons in objection to this and he had brought some neighbors who are in favor of this.  3)   The proposed use will comply with regulations of the ordinance;   They do have a set of plans and have met twice with Mr. Abraham, the building inspector who feels it will meet the regulations.  4)  The final requirement is that the use be in harmony with the intended use of the general plan; The pictures they will present will show that they are in the same harmony as their neighbors.


They have shown the plans to their neighbors to show the garage will not block the existing views.  They’ve had positive feedbacks from their neighbors.  There was no negative feedback at the public hearing so they feel it shows support for their plan.  They showed the elevations and plans of the garage/loft.


Mr. Chinnock said as far as the plat goes; he found that due to the age of the 1962 plat, there are no CC&R’s for this subdivision. 


Their lot is a corner lot and is approximately 70’ from the lake, 38’ from access road and 10 1/2 ‘ on west side.  After discussing with Mr. Abraham, the side setback should be 8’, so they will move it and it won’t pose any problems. 


They feel the impact of the proposal is less than neighboring properties. They showed the pictures, and went through each of them.  They are trying to make it unobtrusive.


They believe that the garage will add value to the subdivision and Garden City.


Vice Chairman Smith asked about the side setbacks, and realizes they are working with the building inspector about it.  He is also concerned with Lot #14, but the property owner seems alright with it and there are no CC&R’s that address this type of situation.


Commission Member Bourne and Huefner said they don’t have a problem with this.  Commission Member Ballingham said this is a good project.  He wondered if it should be called an accessory building or a residence.  But in this case, it’s both.  He said he doesn’t see anything prohibitive to this in the ordinances.  The height of the garage/loft will be 25’. 


Mr. Chinnock was told that when he sells it, it sells as one unit.  It will be built slab on grade.


Commission Member Ballingham made the motion to approve the project with the garage and loft at 734 S. Bear Lake Blvd. as a Conditional Use Permit as it has been presented.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.







Commission Member Ballingham excused himself from the board.


Mr. Ballingham said he is here representing his parents.  He recently built a home on 1st West and his parents have been approached to sell part of their lot.  He showed a map of how his parents would like to subdivide the lot.  He said there really is no concern other than the access road.  When the lots were initially divided into the Price Subdivision, a 25’ access road was placed in anticipation of a future road to go through to 3rd West.  He understands that it is still in the general plan. 


Mr. Ballingham said he was told at the previous meeting to contact the adjacent property owners and ask them to donate 25’ of their property to help with the road.  He did contact the owner who owns many lots and he’s not interested in donating any land.  The owner is already upset that the town is using his land for future roads.  He said if the town is interested in buying his property at a standing property value, then he would be willing to sell.


 Mr. Ballingham said he has no ownership with these lots.  He hasn’t wanted to get a survey done yet, but showed a drawing of the plans to divide the lot behind his house into 3  1-acre lots.  If this is viable, they will get a survey done.  They will be establishing a 20’ portion of the road that will extend onto 3rd West.  There is only 25’ access to provide a road.   He has also marked off a 50’ diameter turn around.  It would be considered a cul de sac until the north owner is willing to donate enough land for a larger road.  Right now it will be a private road until it comes up to town standards.  There will be no development on the two front lots.  The third lot will be sold to a community member.


The 50’ cul de sac is temporary until a road goes through to 3rd West.  Mr. Ballingham can’t donate any more land for the road because it will infringe on his setbacks.


Mr. Ballingham said this is not a flag lot situation.  It’s a mini subdivision.  As far as the private roadway not being 30’, shouldn’t be an issue. 


Commission Member Huefner said last month they approved the turn around in Cottonwood at 70’.  Since the roadway is private, 30’ wide should be okay. 


Mr. Ballingham said the cul de sac is temporary until the neighbor donates enough land to make it a town road.  Right now it will be maintained as a garden.


There will be two lots at 1/3 acre and 1 – ¼ acre piece.


Commission Member Bourne asked if he has to change the cul de sac to 70’, would he have enough room.  Mr. Ballingham said yes.  There’s not a lot of room, but they would make it work and have a very small lot.



Mr. Ballingham said he appreciates being able to talk with them.  It’s always nice to have the approval of the Planning & Zoning Commission.




Scott Gough - Lochwood

Mr. Gough said he is here because he has a problem with a corner lot in Lochwood.  He’s been trying to get the smallest house on there and can’t quite meet the setbacks.


Commission Member Bourne said it’s a good case for a variance.  He said he’s concerned with the parking.  He would rather see the house go more towards the back and have more parking.


Season’s Resort

Commission Member Huefner said he had the opportunity to meet with the Season’s Resort.  They have re-done their plan and gone with less density.  They will be townhomes.  They originally came in for 114 units.  They are now scaled back to 65 units.  They are no longer going to use the elevations previously shown.  There will not be affordable housing within the project.


Commission Member Huefner said they very much want to fit the ordinances and please us.  The main concern was if it was a PUD.  The Mayor has encouraged the Planning & Zoning to read the PUD ordinance and when the Season’s Resort comes in, they will need to meet the ordinance and see if they are coming in for what they want.

They will bring in updated elevations and more detailed landscaping.  They addressed all of their concerns, i.e. more parking, large boat trailer parking and two entrances.


Commission Member Ballingham wondered if townhomes are synonymous to condos.  If it’s a townhome, it fits the PUD situation. If it’s a condo situation, we need to treat it as such.  Commission Member Huefner said the Mayor feels it should fit the PUD ordinance and he’s really happy they reduced the density.  The Season’s Resort is aware of what they need to bring for their final at the September meeting.


Street Program

Commission Member Huefner saw a newspaper article about streets including places for bicyclists and pedestrians.  She hopes that as we approach the general plan with Whisper Mountain, that we remember that it’s not just automobiles that use our streets, it’s also pedestrians and bicyclists.  Our society, in general, has adopted the streets program.  She would like to make all of our streets walkable streets, not just 300 West.


Our society in general has adopted the streets program.  She encouraged us to do the same.





Commission Member Ballingham said he went to a N. Logan meeting.  They are putting together a program where they essentially are identifying certain areas as being their downtown.  They are setting it up where people can walk to the venues they want to see, whether it be a restaurant or whatever.  It will be higher class. 


If we could develop a similar program where people could walk to different places, it would also increase the property valuation and decrease the traffic.


Commission Member Smith said that’s what Ray Elliott and Norm Mecham are implementing in their new subdivision.  They will have walking trails and events throughout the project.  We’re in a recreation area.  That’s what it’s all about.




Commission Member Ballingham made the motion to adjourn at 7:45 p.m. Commission Member Huefner seconded the motion. 





APPROVED:                                                         ATTEST:




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Frank Smith, Vice Chairman                                   Assistant Clerk