Meeting Minutes July 2005






The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, July 6, 2005. at 6:30 p.m. Commission Chairman House opened the Public Hearing at 6:40 p.m.


Those Present:


Cindy McFarlane

Lance Bourne

Lana Hodges

Brian House, Chairman

Nate Parry


Others Present:


Sharlene Millard

Mike Leonhardt

Randy Erickson




The meeting was opened up for comments by the audience regarding Ordinance #05-09 Recreational Vehicle Parks and Ordinance #05-12 Water Ordinance. There were no comments regarding either ordinance.


Members of the Planning & Zoning made a few changes to Ordinance #05-09. No changes were made to Ordinance #05-12.


Commission Member Hodges made the motion to turn the ordinances over to the Town Council. Commission Member McFarlane seconded the motion. All in favor and the motion carried.


The meeting closed at 6:55 p.m.


APPROVED:                                                               ATTEST:




______________________________________ ___________________________________

Chairman, Brian House                                         Assistant Clerk








The Planning & Zoning Commission held their regular meeting on Wednesday, July 6, 2005 at the Garden City Office located at 145 W. Logan Rd. Commission Chairman House opened the meeting at 6:55 p.m.


Those Present:


Cindy McFarlane

Lance Bourne

Lana Hodges

Brian House    

Nate Parry


Others Present:


Sharlene Millard                                                           Gwenda Hansen

Mike Leonhardt                                                            Marina Hansen

Randy Erickson                                                            Newell & Garnet Sorensen

Jay Christopherson                                                       Blaine Hatch

Brian Lyons                                                                  Matthew Goeckeritz

Manuel Ortega                                                             Doug Madsen

Laraine Schnetzer                                                         Mike Madsen

Harry Bennion                                                              Stan Millard

Cyndy & Bob Dowland                                                Margaret Satterthwaite

J.R. Babilis                                                                   David Dallof

Paul Webb                                                                   Lyn Hilsman

Steve Hislop                                                                 Dennis Bullock



The order of the agenda has been changed. Commission Chairman House addressed those on the agenda who were here at the time.





Mr. Bennion explained that he would like to open a garage and use it the same as it has been.


Commission Member Bourne asked what type of storage and repairs he will be doing. Mr. Bennion said he wants to have an automotive, truck and marine repair shop along with storing boats for the winter. He doesn’t want to build storage units right now.


Commission Member Hodges asked about the name Lewellyn. Mr. Bennion explained that the property is owned by himself and a friend. The property is just under his friends name. The friend didn’t sign the application.


Commission Member Hodges said in her opinion, Mr. Bennion is not in compliance with Ordinance #9-501 - Abatement of Garbage. Before anything is approved, he needs to be in compliance. She read from the ordinance.


Mr. Bennion asked if anyone has seen what is being done every week? Commission Member Hodges said when everything is cleaned up, she would entertain the Conditional Use Permit

application. She would like to table this until ordinance #9-501 is complied with and any civil matters are resolved with the Millards.


There was a letter written by Stan and Sharlene Millard which was given to Mr. Bennion regarding their concerns.


Commission Member Bourne suggested Mr. Bennion talk with the Building Inspector about what to do because he’s the one who enforces the ordinance.


Garnet Sorensen asked if the ordinance just pertains to businesses. She wondered why Mr. Bennion has to comply if no one else does. Commission Member Hodges stated the ordinance is enforced if a complaint is filed. She would like to make conditions as soon as he is in compliance with the ordinance.


Commission Member Hodges suggested tabling the Conditional Use Permit application for Mr. Bennion until he is in compliance with Ordinance #9-501.




Matthew Goeckeritz was here representing Merlin’s. He explained that they have a sign to change to a monument sign, which would be 6' high. Commission Member Hodges told Mr. Goeckeritz that it’s not to exceed 36 sq. ft. Building Inspector Randy Erickson said it is 48 sq. ft. The sign can’t be cut down to 36 sq. ft.


Commission Member Bourne said it’s an attractive sign. He doesn’t have a problem with it.


Commission Chairman House said if Mr. Goeckeritz complies now, it should be fine. But no more signs on his property.


Building Inspector Erickson said he is still under his allowable square feet for signage.


Commission Member Bourne made the motion to approve the Monument Sign for Merlin’s because he is under the maximum allowable. It’s a very attractive sign. That’s what Garden City would like to see more of. Commission Member Parry seconded the motion. Commission Member Hodges opposes because the sign is not in compliance. Commission Member McFarlane for. The motion carried.


CONDITIONAL USE PERMIT, Framing Memories, Gwenda Hansen


Mrs. Hansen explained that she would like to do photography outside of her home, and eventually have a studio in the basement of her home. She will be using digital photography. No chemicals will be used. The pictures will be taken by appointment only. Building Inspector Erickson said there is room in her driveway for one person to park for the business. Commission Chairman House suggested that no parking be allowed on the bike trail in the motion.


Commission Member Hodges said the zone is single family dwelling. Her only problem is the parking issue. Mrs. Hansen said it shouldn’t be an issue.


Commission Member McFarlane asked if she would have any employees. Mrs. Hansen said she doesn’t have any plans, but it would be nice if it grew that much. She was told that if it grows, it would also affect her parking.


Commission Member Parry asked if she has any plans for signs. Mrs. Hansen said she doesn’t have any plans. She was told that she’ll need to talk with Building Inspector Erickson if she wants signs.


Commission Member McFarlane made the motion to approve the Conditional Use Permit for Framing Memories. Commission Member Hodges added with the condition of no parking on the bike trail. Signs being in compliance with what Randy works out. Randy stated she will need a handicap accessible ramp. No codes where there are no chemicals. Commission Member Bourne seconded the motion. All in favor and the motion passed.




Mr. Jean Babilis opened by explaining there were originally 3 condos on the Spinnaker Point property. It’s been split into 7 lots. 3 of them being condos. He showed the map approved by the Planning & Zoning. He also showed and explained the common area and limited common area, which was recorded. The common area is for ingress/egress. Lot #2 is the “three condos” talked about. There are no side yards. There was a declaration recorded within minutes of the plat being recorded showing that approval was changed with limited common area from Lot 2 to all 7 units. No longer did lot 2 own the property.


The question is who owns the limited common area. Mr. Babilis said it was recorded behind Planning & Zoning’s back because they knew it wouldn’t be approved. He wanted to have something for a setback. He said he has tried to work with Cathy Andersen to get 8' for the side yards. He said anything that won’t be approved by the Planning & Zoning or Town Council can just be written off by the CC&Rs with a pen.


Mr. Babilis said he would like a clarification of the common area. He thinks it’s illegal to record CC&Rs that change what was approved on the plat.


Mr. Babilis said Mr. Longfellow, another property owner, put his driveway into the limited common area. He said he can’t do that.


Commission Member Hodges asked if there are any minutes from previous meetings. Commission Chairman House said there were no CC&Rs. He said he knew there was an easement, but they owned it. He doesn’t think there should be any change from what was approved.


Mr. Dallof said he has a different understanding of this. Mr. Andersen has deceased and Mrs. Andersen is in bad health. He believes it’s the limited common area that is noted on the plat. But the CC&Rs, on page 205, discusses more of what the common area is. The town didn’t see the entire CC&Rs. Commission Member Hodges said she would like to see minutes of past meetings to help decide what needs to be done.


Mr. Babilis said the Mayor can’t sign off and make an illegal development. He also signed the survey map.


Commission Chairman House said we can let Mr. Babilis and Mr. Dallof know of any decision made at the next meeting.


Mr. Dallof said there is still a side yard and would like them to read Page 205, Paragraph “P”, and also Pages 211 and 240 of the CC&Rs.


Commission Member Hodges said last time Spinnaker was here, it was for side yards. Council Member Wride has said you need to go through a process. You have to get approval or variance.


Council Member Leonhardt said we’ll have the town attorney look at the CC&Rs too.




Mrs. Dowland said they own the old Moorehouse home. They own lots #25, 26, 35 and 36 in Foothill Estates. They are there part-time right now. They bought the home for their retirement. Most everyone else is there full-time.


Council Member Leonhardt showed a letter from the attorney stating that the town doesn’t have responsibility for the roads.


Mrs. Dowland explained there’s not a legal Homeowner’s Association. The neighbors have gotten together and have a road association who maintains the roads, arranges the mag water, gravel, drainage problems, etc. It’s voluntary and most of the people do put in towards that.


She said Troy Petersen traded a building for Lot C-10 from Bear Repair. Her problem comes where the original approval shows the road as a cul-de-sac. The road has been in use for as far back as she can trace. Someone hauled gravel in1993 and built a road, which cut across the lot and exited out where the road is now. It’s much safer and easier to use than the other exit road. Mr. Petersen proposed to donate 15' of the edge of his lot and Rick Rose proposed 15' to move the road over. They were all in agreement and were going to help move the road. He was to get prices and everyone was going to work together to make the road. Jay Harrison was also going to allow the road there. She realizes the town doesn’t want the responsibility of the road.


Commission Member Hodges asked about the town water line going up there. Doug Madsen explained that the water line goes down C-10 and Lyn Hilsman’s road. It dead-ends at the end of the road. There is a fire hydrant. It doesn’t loop.


Building Inspector Erickson said the town is hoping to bring water to Elk’s Ridge.


Mrs. Dowland said the Homeowners were going to look into this and pursue it. Two weeks later, Mr. Petersen blocked off the road. She showed pictures of gravel blocking off the road. She said they have boats, trailers, etc. and can’t use the other road because it’s so narrow. Actually, it’s not a road, it’s a trailhead. She said the narrow road is not safe and accessible. Her concern is for the other 12 owners and the dance hall. One access isn’t adequate. The other access can’t be approved. She said she’s not opposed to moving the road. She’s wondering if it can be implemented as a road from now on. The other commercial lots are only accessible by one narrow road. She asked who has jurisdiction and why was it okay for Mr. Petersen to block the road. She realizes it’s his lot.


Mrs. Dowland said she was referred to talk to Sydney Fonnesbeck by the Town. Then she talked with Dave Church. She talked about a Public Use Code, which says a highway is abandoned when used as a public thoroughfare. She needs access to her property.


Commission Member Hodges said Mrs. Dowland will need to come to an agreement with the homeowners within the subdivision to amend the plat and put in a road and do it properly. If a road has been accessed for so many years, it’s a court issue. We can only entertain an amended plat. Mrs. Dowland asked what the guidelines are.


Commission Chairman House said a subdivision would only exist under what our ordinance says now. It should have two exits. There are guidelines for the road in the ordinance.


Doug Madsen said he understands the issue for the subdivision. It’s still private property. Steve Hislop and Troy Petersen have every right to do what they did. Mr. Hislop gave Mr. Petersen permission to block the road.


Mrs. Dowland said this has become a neighbor issue and it’s very unfortunate. Mr. Petersen’s threat to homeowners is to block off the road if they don’t help move the road. She said Mr. Petersen has a big Tyransport truck, which is about 60' long. He won’t get it out the narrow road. No equipment will be able to get in to build a home.


Commission Chairman House said to fix the problem she’ll need to do an amended plat. UDOT will do something with the exit. Mrs. Dowland said they will “T” it off. It still leaves the road narrow.


Commission Member Hodges said there’s nothing the town can do.


Building Inspector Erickson suggested clearing up the issue by using the road by Lyn Hilsman’s new home as an egress/ingress. He understands there’s a 1' strip that is there and if you can get rid of that, it might work. The water line should be put there.


Commission Member Hodges told Mrs. Dowland that she will have to work with all the owners and do an amended plat. Commission Chairman House told her to go to a surveyor to help with amending the plat. Building Inspector Erickson said to look at the subdivision ordinance. It’s what they’ll have to follow.


Mrs. Dowland said the road would then belong to the homeowners as soon as it’s recorded.


BUTTERCUP SID, Laraine Schnetzer


Mrs Schnetzer said Buttercup’s only problem is a road by Fojtek’s - Willow Way. It’s just now open space because the Fojtek’s have built on part of it. Nothing will be done with Willow Way and it will eventually be open space. All of the property is not in the subdivision. Commission Member Hodges asked if it’s been amended on the plat to vacate those properties. If not, they’re landlocked. If there is an actual road, they can’t do anything to stop the access to the lots. Commission Chairman House said that would require going through a surveyor.


Commission Member Hodges said to amend the plat as Spinnaker was told to do. Otherwise, there’s no problem. If there’s no lots, there’s no reason to have a road.


Mrs. Schnetzer said lots #42 and 43 have access. #35 has no house. Her concern is that there needs to be an access to Lot #35. They don’t want to dedicate Willow Way to the city.


Mrs. Schnetzer said they just need to do a Quit Claim Deed when they’re ready and they will talk with the engineer. This is just an update. The SID went through the Homeowners. They will start paving roads soon.




The Ordinance approval was already sent to Town Council. There are no other comments.




Commission Chairman House stated this item is for discussion only. No action will be taken.


Mr. Christopherson said they were recently approved on a few items. The rest was tabled for the final plat. They did get a letter from UDOT and got approval on the access. They have made the changes and clarifications that Sunrise Engineering recommended. They would like to go to Town Council and get approved.


Last months minutes haven’t been approved.


Mr. Christopherson said they have 14% open space. 50% of that is usable space to be used for the clubhouse, walkway, etc.


Commission Member Hodges said he can’t do anything within 33' of the canal. You can walk there, but nothing else. Mr. Bullock said he has talked with Norm Mecham and understands that. Commission Chairman House told Mr. Bullock to get a letter from Mr. Mecham okaying any use. He said it’s not walkable as it is now. They will need to improve it.


Mr. Christopherson went over what was approved for the Preliminary Plat. They have renamed roads going different directions. The roads are 40' wide. They have showed where the plan is for their dumpsters. There will be 7 units per dumpster, that’s what Logan does. Commission Chairman House said to talk with the sanitation people in this county. Not Logan’s. Tom Weston is the commissioner over sanitation.


Commission Member Bourne asked if they will be fencing the dumpsters. Mr. Lyons said they will be fenced.


The fire hydrants and water meter are on the legend. They haven’t met with Troy Andersen yet. Mr. Christopherson said they did meet with the Mayor. Sunrise wants more details addressed, i.e. water and trenches, ATV/bike path, etc. and they’ve added that. They will dedicate 20' and have a landscape buffer that they will maintain ownership of. The Attorney will talk with the mayor and figure out how they want it dedicated.


There is a buffer zone between the bike path and the ATV trail. They will be widening the road for a turning lane and slightly move the bike and ATV trail. Commission Member Hodges would like a set of plans before the next meeting.


Commission Chairman House wondered how the ATV/bike trail will tie into Harbor Village. Mr. Lyons said just as the preliminary plat shows. Commission Member Hodges wondered about the two accesses. Commission Chairman House said the Mayor should be starting within a week or so for 300 W. They will need to show 2 ingress/egresses for the next meeting.


Mr. Christopherson would like to request a special meeting.


Commission Member McFarlane said they will need a letter of credit for 150% of costs, they will also need to show the propane location. Mr. Christopherson said they don’t need a letter of credit for the clubhouse. It’s for Phase I. He was told if the clubhouse is in Phase I, it needs to be on the plat.


Commission Member Hodges read from the minutes about what was expected. They will need to show engineering. All amenities need to be finished before Phase II. They will also need to address the Engineer and Attorney letters. If they want a special meeting, they need to get the material to us right away. Mr. Christopherson said he would like it as soon as possible.


There was a question about who owns the Raspberry Patch road. Mr. Bullock said the HOA owns it. Harbor Village has an easement on it. Commission Chairman House said they will need a letter from the HOA if they want to use that exit.


Commission Member Bourne asked about the space by the canal being part of the 50% usable space. If the canal is so steep you can’t walk on it, it can’t be used as common space. If it could be leveled, it would be better. Commission Member Hodges said as a board member of the canal company, there’s going to be some things from their attorney to sign off for liability.


Commission Member Hodges said the entrances to Lochwood will be a big issue.


The 3rd West road to Lochwood will happen. They’re not sure about how it will join the highway. The survey has been done and agreements signed. They need to meet with Sharlotte Wride.


BUILDING CODES, Randy Erickson


Joel Parrish

Building Inspector Erickson said the semi truck at Joel Parrish’s is gone and the cars will be going soon.


Heights of Buildings


Building Inspector Erickson wants the Planning & Zoning to look at Page 11A-3 in the ordinance book. It’s regarding the height of buildings. He thought this had been fixed. He’s been telling everyone the height means to the peak of the roof. But it’s saying to the midpoint - the average.

He would like the ordinance to say to the peak.


There was discussion about people making longer eaves to be able to get their roof higher, using the average as the height. Building Inspector Erickson said for a walkout basement, you would use the medium from the slope.


Commission Member McFarlane made the motion to pass this on to the Town Council for Public Hearing. We can do this at the special meeting, if Lochwood has one. We also need to have a Public Hearing for Planning & Zoning. Commission Member Parry seconded the motion. All in favor and the motion carried.






Commission Member Parry asked about the signs on 200 N. The homeowners had an issue and have put up their own signs to stop people from using the access. There is also no way to turn around. He said it’s big and ugly. They have about 5 signs.


The Planning & Zoning said they shouldn’t put any signs on the town right of way.


Gate at Beach


Commission Chairman House asked about the old metal gate between Huefner’s and the beach. He wondered whose it is and can the town take it out? People are losing their mirrors on it. It has been surveyed. The Planning & Zoning thought to talk with Norm Mecham about it.




The minutes of the Public Hearing of June 1, 2005 were presented. Commission Member Hodges made the motion to accept as presented. Commission Member McFarlane seconded the motion. All in favor and the motion passed.


The minutes of the regular Planning & Zoning meeting of June 1, 2005 were presented. Commission Member Hodges made the motion to accept with corrections made. Commission Member McFarlane seconded the motion. All in favor and the motion carried.


The minutes of the special Planning & Zoning meeting of June 7, 2005 were presented. Commission Member Hodges made the motion to accept with corrections made. Commission Member McFarlane seconded the motion. All in favor and the motion carried.


Commission Member McFarlane made the motion to adjourn the meeting at 9:35 p.m.


APPROVED:                                                               ATTEST:




_______________________________________ ___________________________________

Brian House, Chairman                                              Assistant Clerk