Meeting Minutes 2006







The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, February 1, 2006 at 6:45 p.m.  The meeting was located at the Garden City Office Building at 145 W. Logan Rd.  Acting Commission Chairman Troy Petersen opened the meeting at 6:50 p.m.


Commission Members Present:


Jennifer Huefner

Jared Seamons

D.J. Ballingham

Troy Petersen


Brian House

Lance Bourne

Frank Smith


Others Present:


Sharlene Millard

Krista Klein

Randy Erickson

Elizabeth Seiler

John Nelson

Mike Leonhardt

Merlin Goeckeritz

Jackie Criswell

Matthew Goeckeritz

James Criswell

Josh Goeckeritz

Terry Allen



RE-ZONE, Merlin Goeckeritz


Terry Allen, a member of the audience, asked if the town is changing their policy about spot zoning within a residential subdivision.  If that does happen, it would give anyone the right to zone whatever they want.  Anyone in Triangle Estates would have the right to zone their property commercial.


Mr. Goeckeritz said they would have the right to request, but they would have to come before the Planning & Zoning.  Matthew Goeckeritz said within time, everything along Highway 89 will be commercial.  He asked if the town has any plans for how deep the commercial zone could go?


It was stated that in the future, the town will be planning to have commercial along the highway, but only so deep.


Mr. Allen said the value of his property is commercial.  He doesn=t know what he=s going to do with the property.  His only real concern is spot zoning in a residential subdivision.


Mr. Goeckeritz said that in his mind, spot zoning within a residential subdivision should be allowed.  He doesn=t think it takes away or adds to the subdivision.  He feels you should be able to spot zone anywhere.  Mr. Allen asked if the town has done it in the past?


Building Inspector Randy Erickson said he has talked with the state on this.  The state says you can=t spot zone unless it=s planned in the General Plan to be that certain zone in the future.  Spot zoning is the term used if it hasn=t been planned to be that zone.  Our General Plan doesn’t show it as planned to be commercial all along the Boulevard.  He thought it included the frontage north to KOA and south to Pickleville, which would be the logical place for commercial.  It has just been discussed in the planning meetings.


Acting Chairman, Commission Member Peterson concluded the Public Hearing at 7:05 p.m.








Commission Member Troy Petersen





Chairman Brian House










Assistant Clerk













The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, February 1, 2006 at 7:00 p.m.  The meeting was held at the Garden City Office Building located at 145 W. Logan Rd.  Acting Chairman Commission Member Troy Petersen opened the meeting at 7:05 p.m.


Commission Members Present:


Jennifer Huefner

Jared Seamons

D.J. Ballingham

Troy Petersen

Excused:  Brian House

                 Lance Bourne

                 Frank Smith


Others Present:


Sharlene Millard                                                           Krista Klein

Randy Erickson                                                            Elizabeth Seiler

John Nelson                                                                 Mike Leonhardt

Merlin Goeckeritz                                                         Jackie Criswell

Matthew Goeckeritz                                                     James Criswell

Josh Goeckeritz

Terry Allen


Commission Member Petersen welcomed Council Member Mike Leonhardt who is the liaison for the Planning & Zoning Commission Meeting.




D.J. Ballingham and Jennifer Huefner were sworn in as new members of the Planning & Zoning Commission.  Commission Member Ballingham has been appointed to replace Lana Hodges whose term was up.  Commission Member Huefner has been appointed to finish the term for Nate Parry, who has resigned.  Commission Member Lance Bourne has been re-appointed for another 4-year term.  Commission Member Petersen welcomed them to the Planning & Zoning Commission.


The voting of Chairman and Vice Chairman will be postponed until next month.




Ms. Klein explained that she was here previously to put her business in the Korgenski complex.  Now she is changing it to 100 N. Bear Lake Blvd.  There will not be a full kitchen.  She will just have coffee and donuts.  She is working with Scott Morrill, an engineer and Nick Gyllenskog with the Health Dept.


Commission Member Seamons said he has one concern.  He asked if she has an occupancy rate yet?  Ms. Klein said yes.  She is working with the engineer.


Merlin Goeckeritz, a member of the audience, said when he was putting in his drive-in, he had to get a public access from UDOT and was a major issue.  The state has to allow you to have a commercial entrance.  You have to go through the hoops and loops to do that.  She said she appreciated the information.


Commission Member Seamons said to make sure she had parking arranged.


Council Member Leonhardt said when there are conditions, that’s what she’ll have to follow.  She should have to come back with a letter from UDOT.  He said she’s here to get conditions for a Conditional Use Permit.  He told the commission that if they didn’t feel comfortable giving her conditions tonight, then she should come back next month.  There are a lot of new members here tonight.


Ms. Klein said her biggest question is can she move ahead with construction?  She needs to do electrical, put in a countertop, etc.  But the electrician won’t do anything until she has a Building Permit.


Building Inspector Erickson said the only problem is that we need to get the Health Dept. letter, etc. before all the changes can be made in case they don’t approve it.  He also said it’s a manufactured home and he’s found out that for any changes made, you need to go through the company that built it or there is a $2,000.00 daily fine for every change.


Council Member Leonhardt suggested her working with the Building Inspector, UDOT, etc. before any conditions can be set.


Mr. Goeckeritz said the electric can be a big deal also.  He had to work with Scott Jessen of Utah Power.  You fill out a form to tell him what you want to do and what type of equipment will be in there.  He figures the volts, etc and that equates what will be the service to your business.


Commission Member Petersen said to Ms. Klein that we can set up some conditions, but she will have to understand that if she can’t meet all of them right now, she will have to work with the Building Inspector before she can get a Building Permit.


Council Member Leonhardt said he wouldn’t feel comfortable with the Planning & Zoning making conditions for Ms. Klein tonight.  He feels Ms. Klein should meet with the Building Inspector and have him help her get started. 


Building Inspector Erickson asked if there were any conditions they could get her started on.  Commission Member Seamons suggested having her work on the access off of Highway 89 and signage to start with conditions.


Commission Member Ballingham said that we need to know that the building codes, etc. are up to standard, also that the Architectural Standards are being met.  She could get a letter to the Building Inspector when she’s up to date.


Commission Member Petersen read from Chairman House’s concerns.  He was concerned about her meeting the state fire and health codes, off street parking should be required, restrooms provided for customers and be ADA compliant, the building must be required to meet the Architectural Standards.


Ms. Klein said she’s here tonight because the Building Inspector told her to start by coming here.  She said it would be helpful to get a spreadsheet for new builders of businesses.  She said it’s very confusing and time is so important.  Council Member Leonhardt said it’s a lengthy process.  Her timeframe isn’t really our timeframe.


There was discussion about having information for new business owners so they will know the process.  Ms. Klein is very confused as to what to do.  Building Inspector Nelson thinks there is a list.  He said he can give a guess list, but it ultimately goes to an architect.  He said the Building Inspectors hands are tied until the Planning & Zoning approves their part of this.  


Building Inspector Erickson said in the past, the Planning & Zoning has required drawings for the Health Dept. and a letter from the Health Dept.  He said he would like to meet with her and explain the requirements he’s learned about for Manufactured homes, but until she brings in the drawings, they really can’t do anything.  The Planning & Zoning will make the conditions on special lighting, parking etc.  Then he can give a Building Permit.  But there needs to be conditions before a Building Permit can be issued. 


Commission Member Ballingham said he agrees with that.  If she could bring in the information, he doesn’t see a problem.  She must have in her mind what it will look like.  We just need to see that.


This is a learning process.


Ms. Klein said she is thinking of doing a monument sign.  If she’s on her own property, she

won’t need approval from the Planning & Zoning.  But she will need to bring in a picture of what her sign will look like.  Building Inspector Nelson said she should bring plans of the building and what it will look like on the outside.





Commission Member Petersen stated that he has a conflict of interest, but won’t vote anyway since he’s acting as Chairman tonight.


Mr. Goeckeritz explained that when he first set up his business, he presented an original plan.  He showed the map and explained the numbers near the buildings.  The whole master plan was approved.  He’s only looking at Phases #1 and 2 for now.  He would like to put in a new 70’ x 160’ metal building.  Matthew Goeckeritz showed what the new plan will look like.  The side to the north will be grass for picnics.  The building will be half brick or stone with wood on front.  There will be a 2 x 12 pitch roof.  The Architectural Standards say they should have a 4 x 12 pitch.  It’s just cosmetic.  The building will be large and he doesn’t think it should be that much of a pitch on the roof.  The building will still meet all the standards on the front.  He asked if they could have a 2 x 12 pitch roof instead of the 4 x 12.


Matthew Goeckeritz said the drawings will be engineered from the steel company so it won’t be built without the proper strengths.  The parking will also be increased about 40 more stalls.    They will go to UDOT to increase their parking.  Matthew Goeckeritz said they will also have a sump in the parking lot so the water won’t go onto the highway.  It’s just to improve the back lot.


Council Member Leonhardt asked if they have a copy of the Architectural Standards?  Mr. Goeckeritz said not at this time.  They are just asking to add the building in the back.  They don’t want to state what the use will be for the building right now.  They will come back for the conditions.  They just need to bring in 7200 volts of power and Utah Power and Light won’t do it until there is approval from the Planning & Zoning Commission.


Council Member Leonhardt thinks this Planning & Zoning can give you the blessing with  meeting the Architectural Standards, but he didn’t think they could give permission for the change in pitch.  They can’t change the ordinance.


Matthew Goeckeritz said the ordinance was put in place for a good reason, but for the cost of a small businessman, they can’t do it easily.


Building Inspector Nelson asked about the difference in pitch.  He figured it would be less than 6 feet difference to the top.  The materials will be more to have a higher pitch.


Matthew Gockeritz said they will follow the standard, he just wanted to ask to see what he could get away with.  They just want Merlin’s to be as good looking as anywhere else in town.  Mr. Goeckeritz said he’s played the game with UDOT years ago.  He knows what he has to do to get


his place built up.  It will be built within code because the Building Inspectors will work with him and make sure it’s done right.


Matthew Goeckeritz said the use of the building is still top secret.  It will be totally different than the present business.  It will be one business, not several different ones.


Council Member Leonhardt said the use of the building needs to be known for a Conditional Use Permit. 


Commission Member Petersen wants everyone to understand that the Architectural Standards are for the roadside that it faces.


Mr. Goeckeritz asked the Planning & Zoning to think about how nice his present place looks.  It’s not distasteful.  This new business won’t be distasteful either.  He asked to be able to put up this building on his credibility. 


Commission Member Ballingham asked about the parking.  There are so many spaces required.  Mr. Goeckeritz said it will meet the parking requirements.


Mr. Goeckeritz said that what he likes about the old plans is that there is no thoroughfare by the playground, where now there is.  Commission Member Ballingham said he hopes that it won’t be a problem, because with his job, he has to clean-up if there is.  He recommended putting up signs that state there are children playing.  Matthew Goeckeritz said the insurance company made them put the signs up.  There is a field and an old barn behind the new building space.  They will be tearing it down.


Commission Member Huefner said she has no concerns as long as they follow the ordinances.


Mr. Goeckeritz talked about how hard it was to get permission for ingress/egress from UDOT.  He had to asphalt the entrance and bring the road up to their standards.  There is a sump in the corner and they have dug a hole 10’ x 10’ x 5’ deep and stuck a culvert in.  It goes down 15 feet and comes up right at the parking lot.


Commission Member Petersen read from Chairman House’s concerns.  The concerns included: What type of commercial business will this be?  The building must be required to meet the new Architectural Standards, they must provide an updated “general” plan of development for the entire property, there should be a fence bordering the adjacent property, question of adequate parking and wondered if the railroad car was still a proposal.


Mr. Goeckeritz said they will bring in an updated general plan and no, they won’t be doing a caboose on their property any more.  He understands that a fence needs to be put up to border residential property.


Council Member Leonhardt explained that Mr. Goeckeritz is here to ask for the Planning & Zoning’s blessing to bring in a building.  They understand that there are still conditions to be put on when they’re ready to start the business.  They will still have to conform to the ordinances.


Matthew Goeckeritz said they are thinking of tearing down the signage they now have and put in new signs.  They know they will need to meet the sign ordinance when it’s time.


Council Member Leonhardt said this doesn’t need a motion.





Mr. Goeckeritz said he currently lives in Triangle Estates and has purchased the front 2 lots.  He bought them knowing that the town’s general plan was to put Commercial along Highway 89.  He now wants permission to re-zone his lot and the two front lots from Single Family Residential to Community Commercial.


Commission Member Seamons said his biggest concern is the harm that a commercial zone could do to a single family neighborhood.  The subdivision was approved as a single family residential area.  As in the general plan, he can see where the commercial is going, but feels where this is a residential area, we should contact the people around the area.  Mr. Goeckeritz said people were contacted about the change.  


Mr. Goeckeritz said this will probably go commercial sooner than we think. He assures us that by the end of the summer, it will be commercial.  He said there is a neighbor who will be coming in for a re-zone this summer.  He said the re-zone is coming.  It’s inevitable and he’d like to move in that direction.


Terry Allen, a member of the audience, said the A-frame home, just south of these lots, was refused to be brought in as commercial a while ago.  Mr. Goeckeritz agrees, but said the time is coming that the area is growing.


Mr. Allen asked if the town’s master plan includes this as commercial?  Council Member Leonhardt’s recollections is that it was just talked about.  Council Member Seiler said she can understand the front two lots being zoned commercial, but doesn’t think it should go deeper into the subdivision.


Commission Member Seamon’s concern is that they’re changing a platted area.  He’s not sure how that would work.  He’s trying to change the complexity of the pie.  Matthew Goeckeritz said this needs to be addressed this month or next month.  It won’t ever go away.


Commission Member Petersen explained that this might need to be discussed at the Planning Meeting.  He explained when it is and that everyone is welcome to come.


Mr. Allen talked about when Cindy McLaughlin had to get other property owners to join her in re-zoning property to commercial.  Building Inspector Erickson explained that that wasn’t really necessary.  He has talked with the state.  A zone doesn’t have to be contiguous.  It’s up to the town to decide if they want a business in a certain area.  It’s not specific enough and we need to work on that.


Mr. Allen said he doesn’t have a problem with the re-zone if it’s in the general plan.  Council Member Leonhardt explained the Planning Meeting and how not many people come to help plan out the town.  The ones that do come try to predict the future of what will happen and it’s hard to predict.   They do their best.


Council Member Leonhardt suggested not making a decision tonight.  He invited the Goeckeritz’s to come to the Planning Meeting to discuss this.


Commission Member Huefner feels this is a natural place to have a business.  She’s not opposed to looking into the re-zoning of property along Highway 89 into Community Commercial and putting it into our general plan.


Commission Member Ballingham said the third lot is questionable.  He agrees that along the highway it will eventually be commercial, but said for a business to be on the third lot behind the others, that puts a lot of traffic into a subdivision.


Mr. Goeckeritz said the lots in Triangle Estates are very tiny.  There isn’t much you can do on the front two lots, and there’s no parking.  In his mind, there could be a business on the third lot and get people out of the subdivision on the other two lots.  He understood that these lots were originally put there for summer camp spots.  Mr. Allen said the only thing they forgot to do was make restrictive covenants.


Mr. Goeckeritz said he’ll come to the Planning Meeting.




Jackie Criswell said they found some commercial property at 480 W.  200 N. to put in a Daycare. It’s Hyrum Lantz’ home right now.  They would like to fence it off and make more parking.   The home is large and will have enough room for the children.


Commission Member Seamons said the business is a permitted use in the commercial zone.  As long as all the state requirements will be met and if they stay in compliance with the business regulations, he doesn’t see any reason not to approve this.  Commission Member Huefner and Ballingham agree.


Commission Member Seamons wondered how Architectural Standards would affect this.  They were told that if they remodeled, they would have to make sure 50% of the building would follow the Architectural Standards and they would need a Building Permit.


Commission Member Petersen read from Chairman House’s comments.


The Criswell’s may want to read from the new ordinance because it restricts the amount of children that can be there.  They got a copy of the new daycare ordinance that will be presented next month.


Council Member Seiler asked about the Architectural Standards where the use is changing.


Building Inspector Erickson said the home is brick and would meet the Architectural Standards.

He said when you’re proposing an ordinance, you can’t make someone adhere to the ordinance until it’s passed.  If it’s presently accepted in the zone, you have to follow what the ordinance is now.


Commission Member Seamons made the motion to allow the Snuggle Bunny business, who is Jackie Criswell, on the property at 480 W. 200 N. a Conditional Use Permit for their daycare/preschool and that they meet the state requirements necessary for those businesses.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.


It was stated that any changes that will be made to the building will need to go through the Building Inspector.  Fire Chief Mike Leonhardt would also like to look at the home with the state fire marshall for fire safety reasons.




This discussion was tabled until next month.




This discussion was tabled until next month.




Building Inspector Erickson introduced Building Inspector John Nelson.  He said Mr. Nelson has looked through our Manufactured Home Developments ordinance and has some suggestions for the Planning & Zoning.


Building Inspector Nelson said he is an ex-officio member of 16 Planning & Zoning Commissions.  He would like the Planning & Zoning to think about some of their ordinances.   The general plan is your “dream”.  He encouraged the Planning & Zoning to get a map with

lines on it showing where they would like certain zones.  When someone comes in for a re-zone, you just look at the map and ask if you’re following it or not.  The “dream” comes about through the zoning ordinance.  But “dreams” are going to change.  Don’t let the general plan stay on the shelf and not look at it.


As far as the Manufactured Home ordinance, the Planning & Zoning needs to ask themselves if they want to allow the old mobile homes anywhere in Garden City.  Mobile Homes used to mean that they were built before 1976.  All manufactured homes are HUD regulated.  Towns can’t refuse them and the Building Inspector has no business in the house. 


Moab has put in their ordinance that all housing will be 20’ wide, 8” overhang, etc.  Therefore, you’re not selectively picking on a certain type of house.  In Garden City’s ordinance, we have a definition and zone for mobile homes, manufactured homes and modular homes, and parks for each.  Why does the town care if they’re renting or owning?  The question is what is going on in the inside.  Do you care if a person is dumb enough to build a castle in the middle of an RV park? 


This ordinance takes a lot of time of trying to determine what can be put next to what.  What different does it make?  Is it really creating a problem?  He said it takes a terrific ordinance to not have to talk about it.


 He also talked about our ordinance allowing mobile home parks in all zones.  Logan will be getting rid of a few hundred mobile homes within the next 2 years.  They will be looking for anywhere that let’s them come in. 


He asked about Merlin Goeckeritz, who previously came in for permission to bring in a building.  He asked if Mr. Goeckeritz understands that he’s not getting a Conditional Use Permit until the use is known?  He can’t build until he gets a Conditional Use Permit.  No use has been stated.


Commission Member Petersen feels that if a person spends that much money to get the plans, it should be the Building Inspectors job to follow the Architectural Standards.  Building Inspector Nelson read from the ordinance that the Building Inspector can’t issue a Building Permit until all other permits have been approved.


Council Member Leonhardt stated that you can’t give conditions if you don’t know what the use for the building is.


Building Inspector Erickson talked about Jim McLaughlin’s project.  He had a pre-meeting and everything was ready.  He doesn’t have the final drawings done yet, but the Architectural Standards, parking, lighting, dumpsters, etc. have been shown.  They have to spend that kind of money to get it through.  Commission Member Petersen doesn’t want a person to have to spend that kind of money and then have the project be denied.


Building Inspector Erickson said what you’re trying to do, is have everything prepared so the Planning & Zoning will know what it is you want to do.  All that has to be addressed is parking,

lighting, etc. to put conditions on.


Commission Member Petersen said when you show the drawings, you will know if it meets the Architectural Standards or not.


Building Inspector Erickson and Council Member Leonhardt talked about the pre-meetings and how people come in so unprepared.  The meeting really helps them be more prepared.

Building Inspector Nelson said you can’t approve a Conditional Use Permit if you don’t know what’s going in.  How can you approve parking if you don’t know what type of business is there?


There was discussion about why a Planning & Zoning Commission is needed if the Town Council has the final approval.  Council Member Leonhardt said the Town Council is the legislative body for the town.  They look at the recommendations of the Planning & Zoning.  If there are any concerns, they will discuss it before their approval.


Council Member Leonhardt welcomed the new Planning & Zoning members and appreciates them taking their time to work in the community. 


Building Inspector Erickson encouraged the Planning & Zoning members to go to training.  The next meeting should be in March.  The travel and class will be paid for.


Council Member Seiler talked about the SB170 rule that is going before the legislature and how contractors have gotten together and would like to get rid of the Planning & Zoning committees.




The minutes of January 4, 2006 were tabled until next month.




Commission Member Seamons made the motion to adjourn at 9:00 p.m.










Commission Member Troy Petersen






Commission Chairman Brian House










Assistant Clerk