Meeting Minutes January 2006








The Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, January 4, 2006 at 7:00 p.m.  The meeting was at the Garden City Office Building, located at 145 W. Logan Rd.  Commission Chairman House opened the meeting at 7:00 p.m.


Commission Members Present:


Brian House, Chairman

            Lance Bourne

Nate Parry

Frank Smith

Excused: Lana Hodges


Others Present:


Sharlene Millard                                               Cindy McLaughlin

Randy Erickson                                                Jim McLaughlin

Lance Andersen                                               Frank Smith

Scott Bevan                                                      Bill Shupe

Kent Korgenski                                                Mike Leonhardt

Sabrina Smith                                                   Bryce Huefner

Connie Hunsicker                                             Corey Doolin

Gerald E. Hunsicker

Elizabeth Seiler





Mr. McLaughlin explained that he wants to do a renovation around their property, have a restaurant and some stores to rent out.  He would like this area to be the center of activity.


He showed a map of his existing property.  The new project will have a partial covered walkway.  They do have a copy of the Architectural Standards.  Commission Chairman House said they will meet the standards with their plans.  Parking has been discussed with the Building Inspector.  There will be another handicap parking stall not shown on the map.



The pavement will be done in the first phase if the prices stay good said Mr. McLaughlin.  There will be a fence for the service area.  The dumpsters will be in the back and the propane tank will be buried. 


Their restaurant, which Mr. McLaughlin will run himself, will serve barbecue and will be called Bodean’s Bear Lake Barbecue.


Mr. McLaughlin said this place is growing.  He said they would also like to have a community bulletin board and monument sign.  The capacity will be 40-50 people, which includes both inside and outside seating.  He would like the restaurant to have the look of Jackson or Park City.  They would like to start in June.


This will be done in one phase.  Commission Chairman House and Building Inspector Erickson said the parking can be road based first and asphalted later.


There were no comments or concerns from the audience.


Building Inspector Erickson said there are two lots that this will be built on.  They will need to meet the setbacks.  Ms. McLaughlin said they will do whatever they need to with the lots, but Hickman Title told her that because they were both in her name, they won’t need to encumber them.  But, if the town feels it would be better for her to encumber them, she will.


Mr. McLaughlin said they will have a smoker with a built-in exhaust system.  It’s NFS and UL approved.


Commission Member Smith made the motion to accept the plans as stated.  If there is asphalt, we’ll need engineered plans.  The propane tank will be buried and there will be a privacy fence separating residential property.  The capacity is for 40-50 people.  There will be one phase.  Two lots under same name.  They will need to meet the setbacks or encumber the lots.  The Architectural Standards will have to be met.  Parking and handicap requirements also need to be met.  There will be inside bathrooms in the two store buildings and some in restaurant with handicap access.  One bathroom for employees of restaurant.  They will meet the state requirements for a restaurant.  They need to work with the Building Inspector on issues.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.


TRENDWEST , “as built” plan


Mr. Lance Andersen and Mr. Scott Bevan introduced themselves and said they would like to get approval for the Trendwest buildings.


The property is actually under the name Trendwest.  Worldmark is the company required to build.  Phase I includes the buildings previously built.  Phase II are the buildings being built now.


When Phase I was approved, it was for the whole plan.  The only thing that has changed in Phase II is Building #6.  They will submit that.  Building Inspector Erickson said the town engineer needs to be able to review it.


Building Inspector Randy Erickson said the town hasn’t received drainage plans to be able to talk about parking around each of the buildings.  Mr. Andersen said he could bring that. 


Commission Member Bourne said the overflow parking was previously discussed for trailers and motor homes.  Mr. Bevan said they now have a large area for big rigs, boats, trailers, etc.  Commission Member Parry asked if the area is already being used.  Mr. Bevan said no.  Commission Member Parry said the area is already full as it is.  He said unless they expand or move it down by the dumpsters, it may not work.  Mr. Bevan said there’s a common lot that has additional space which they plan to use.


Commission Member Bourne said it needs to be addressed.  Commission Member Parry said everyone that comes here brings boats, snowmobiles, etc.  There will be a lot of congestion.  Commission Member Smith said he understands that lot is shared with the Master Association.  Mr. Bevan said they have access to it with everyone else. 


Commission Member Smith asked about Dennis Bullock deeding some land to Trendwest that was supposed to be a golf course.  Mr. Bevan said they are putting in landscaping with ponds, etc. in that area.  Commission Member Smith said if the Master Association wants to put in any buildings, they can.  Mr. Bevan agreed.  Commission Member Smith said the Master Association is included with all the entities around.  They will share in the responsibility of getting items done.


Commission Member Smith asked about the parking.  He wondered if one lot could be expanded a little.  Mr. Bevan said the lot they’re using is better than the farther lot.


Commission Member Bourne feels it will be over-congested if the parking lot isn’t big enough.


Mr. Andersen said they need some sort of guideline.  Commission Member Parry asked about Worldmark’s requirements for parking.  Mr. Bevan said it’s 1 ½ cars per unit.  Trailers are different here than the other resorts because of the water sports.  They are willing to do something about this.    Commission Member Bourne reminded them that this was discussed at the last meeting.  He said he wouldn’t have a problem approving this if there were more parking for recreational vehicles.


Mr. Hunsicker from the audience asked the Planning & Zoning Commission if they have asked for the HOA groups to have a say in this?


Commission Chairman House explained that this is their final approval.  They could be here to voice their opinion if they wanted to be.  Mr. Hunsicker asked if anyone has sent in a letter in support or not of this?  Commission Chairman House said no one has.


Commission Member Bourne asked if the roads are the way they’re recorded.  He feels it will be confusing for an ambulance or fire truck.  Building Inspector Erickson said the addresses have

all changed.  Commission Member Bourne said using the word “drive” is good, but using north, west, east or south is going to be confusing.  Building Inspector Erickson said Harbor Village Drive goes all the way around.  Debbie in the Recorder’s Office will have to address all the way around and they’re all going in different directions.  He didn’t know how it would work.  Commission Member Bourne said he will talk with Debbie to help find a way to address that area.


Fire Chief Mike Leonhardt agrees that the addressing needs to be easier to understand.


Sabrina Smith, a member of the audience, said most people that live there don’t even know their current address.


Mr. Bevan said that would simplify things for them also.


Mr. Andersen said the parking area is mostly onto their own property anyway.  Part of it would be in the Master Association.  The parking in that area will be turned over to the Association.


Commission Member Bourne made the motion to approve the final for Trendwest’s “as built” plan with the exception of additional parking for RV’s.  Commission Member Parry seconded the motion.  All in favor and the motion carried.


TRENDWEST, Addresses and Unit Numbers


Mr. Andersen said he has already talked with Debbie, Randy and Kathy.  Debbie is fine with what he sent.  He suggested the Planning & Zoning Commission get with her.  Commission Member Bourne said he would talk with Mike Leonhardt and come up with a simplified plan for addressing.




Mr. Shupe showed a drawing of the current batch plant and where it’s sitting on their property. He is wanting to upgrade the existing operation.  Commission Member House said where he is still in the sand and gravel business, the grandfathering rights would be the same, because the use isn’t changing. 


Mr. Shupe would like to have a new trailer for an office.  He’s wondering if a portable office trailer is something he can put there.  He said the old stuff could be gone, except the van he keeps the oil in and another building with additives in it that can’t freeze.  The new plant is cosmetically nicer looking anyway.  There is a possibility of keeping the old silo for additional storage.


Commission Member House said the office can be portable, but it will have to be on a permanent foundation.                           


Mr. Shupe said he’s looking more for input right now.  He wondered about losing any grandfathering rights and wondered what they even were.


Commission Member Parry showed him his Conditional Use Permit and said that’s what his grandfathering rights are.


Mr. Shupe asked about the Architectural Standards.  Commission Chairman House said he would have to meet the standards.  Mr. Shupe said he would like to mound some dirt to block it and put borders, etc to hide it.  The building is an 8' x 24' metal building.


Commission Member Smith wondered about setting a requirement with 300 W. going in, such as having trees every 20 feet.  Commission Chairman House said Mr. Shupe already wants to hide his office. 


Mr. Shupe suggested putting wood siding on the trailer, but didn’t know if it would look better or worse.  He hates to use a lot of money to make it really nice.  The cement sticks to everything.  He would rather do the cosmetics outside the building and keep it hidden.


Mr. Shupe said all that they’re looking at right now is getting a new batch plant, small office and a restroom.  The building with additives and van with oil will be kept there also.  Commission Chairman House said he would meet the Architectural Standards if he used the wood siding.


He wondered about the metal roof meeting the standards.  Commission Member Parry said it’s the pitch that is what is stated in the standards.  Building Inspector Erickson said it could work to have a truss roof.  He suggested having a 4 x 12 pitch roof and put all the building inside.




Mr. Korgenski said his family is developing the Bear Country Village.  He has one building that is just getting finished.  There are 7 foundations there now and they’re running into problems and wondering what could be done.  They’re wondering about re-organizing it as a PUD.


Commission Member Smith said a PUD has a 5 acre minimum.


Mr. Korgenski said there has been some interest to buy the whole thing, but that’s not where they want to go.  There is more interest in buying individual buildings.  The financial and time commitment based on finances to complete the building is their struggle now.  He also wondered about a condominium concept.  Commission Chairman House said he thought that’s pretty much what they were doing.  Mr. Korgenski said they were going to rent the buildings out, now he would just like to build them.


Mr. Korgenski asked about subdividing the lot into individual building lots.   Building Inspector Erickson said he can as long as the buildings meet the setbacks.  He said the problem would be meeting the setbacks for commercial.  The sides would be 6' x 10'.  He would also need to make an agreement as an association to take care of the outside.  Mr. Korgenski said there isn’t much room between the buildings.


Commission Member Bourne wondered about selling them off in blocks.  Building Inspector Erickson said the buildings will need to meet fire code.  He suggested going in for a variance of the setbacks.


Commission Member Smith said if he explained to the variance board why he wouldn’t be meeting the setbacks, i.e. economic reasons, may help to get one.


Mr. Korgenski wondered about selling the two center buildings.  The first foundation is only 8 feet from the corner of the existing building.  He’s thinking of getting a variance.


Mr. Korgenski was told that if he wants to do that, he will have to plat out the lot and show how it would be subdivided.  He would need a survey.  The Building Inspector said it’s possible to combine the buildings, which might help to meet the setbacks.


Commission Chairman House suggested looking at the plan and see what can be tweaked.  Maybe find a way of selling some parcels.


Mr. Korgenski will need to meet the setbacks or get a variance.  He will need to get a new plat along with a survey.


Commission Member Smith suggested making his business an LLC now with having partners, he would be able to sell of pieces.  He said it would be more of a legal contract and it will protect everyone.   Mr. Korgenski liked that idea. 


Building Inspector Erickson said there is no guarantee with a variance.  Commission Chairman


House said especially with no parking.  Commission Member Bourne agreed.




Commission Member Bourne said if a daycare is in a residential zone, it should be small.  If there is going to be a commercial building in a residential, it should be restricted and should be a conditional use permit.


There was discussion about having a minimum amount of children allowed in a daycare


Commission Member Parry wondered about getting a definition of daycare and preschools.  Commission Member Smith said the daycare is in both residential and commercial zones.  Both are limited to children first grade and younger.


There was discussion about the difference between babysitting and daycares. Council Member Seiler said the difference is if you’re charging and if you’re making a business from it.   She said we’re worrying about how many children to put in the daycare.  It won’t really matter.  The state controls what type of home, etc. that they will need.  The state controls everything.  Even to the type of doors in the building.  Building Inspector Erickson said that’s why the Criswell’s like the Stringham home.  Everything met code. 


Council Member Seiler suggested putting a top-end of how many children can be in the building and let the state regulate the rest of it.




LeGrand Johnson


There was discussion about LeGrand Johnson’s earlier request.  There can be negotiations on conditions, but they need to follow the conditions.  The Planning & Zoning wondered about them putting a sign on their property and putting in and maintaining the trees.


Council Member Leonhardt said LeGrand Johnson is wanting something, so now would be the time to make them comply to some conditions.


There was discussion about reviewing the conditions of a Conditional Use Permit.


Harbor Village


Building Inspector Erickson said if there is a problem with parking, the town could give a formula for so many stalls for boats for each unit, if there’s a legitimate reason for doing it. 


Council Member Mike Leonhardt said it can be done for the safety or welfare of the community.


Building Inspector Erickson said the Planning & Zoning can require so many car stalls for each unit.  The stalls can be striped so it’s more noticeable who has what.




Building Inspector Erickson showed a map that Sunrise Engineering provided with roads which the Planning & Zoning Commission previously planned.  He showed a few changes that the Mayor would like to see.  He showed the roads that would be good to cross with the 3rd West - South road.


Building Inspector Erickson suggested the first part of 3rd West not have any driveways that would go out onto the 3rd West - South road.  The subdivisions would have their roads inside the subdivision.


Commission Chairman House suggested leaving the originally planned roads in blue and any suggestions would be another color.


If the road map is in the General Plan, it would be a done deal.  People wouldn’t be able to build over the roads, etc.  The Planning & Zoning can plan roads that are in the county, if we plan to annex that area.




There was a question about the zone at 150 S. - Peter Slonek’s home.  The map showed the line behind the house.  It was decided that from the middle of the road north of 150 S. is Community Commercial on the whole block.




The minutes of December 7, 2005 were presented.  Changes were made.  Commission Member Bourne made the motion to accept the minutes as amended.  Commission Member Smith seconded the motion.  All in favor and the motion carried.




Commission Member Bourne made the motion to adjourn at 9:50 p.m.



APPROVED:                                                                 ATTEST:





________________________________                       _______________________________

Brian House, Chairman                                        Assistant Clerk