Meeting Minutes March 2004








The Garden City Planning & Zoning Commission held their regular meeting on Tuesday, May 4, 2004 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:


               Mel Maynes

               Daniel Moldenhauer

               Brian House, Chairman

               Darin Pugmire

               Lana Hodges

               Lance Bourne

               Lisa Hunt


Others Present:


               Sharlene Millard                                   Darrin Lutz

               Kathy Hislop                                        Art Fanconi     

               Arlo Price                                             Randy Schieffer

               Mike Leonhardt                                    Margaret Satterthwaite

               Sharlotte Wride                                    Hyrum Lantz

               Ellouise Satterthwaite                            Vince Lantz

               Don Payne                                           Richard Williams

               Mr. & Mrs. Newell Daines                   Ken Hansen, Mayor




Mr. Daines said there are 5 owners of lots in the Blue Water Beach Block A subdivision and they have agreed to change the right of way to the south so it is adjacent to them and Ideal Beach.  The right of way used to be in the middle, splitting their lots, but they have extended their fences and moved the right of way to the edge of their property.  Mr. Daines is formalizing it at this time.  He said since it’s a change within a subdivision, so he needed to bring it before the Planning & Zoning Commission.  It doesn’t affect any neighbors, i.e. Ideal Beach or Blue Water.  There are 5 lots now instead of 6.







There are no structures on lot 6.  They have no intention of building.  There was a 4’ right of way, originally, to the beach.  When this change was made, the right of way was extinguished and became a part of his property.


Commission Member Hodges asked about the right of way going parallel to Lot 1. She wondered if it had anything to do with Sweetwater.  Mr. Daines said no.  There’s a fence there. She asked about access to the beach.  Mr. Daines said there is access on each individual property.


Council Member Price asked about the water line.  Mr. Daines said it’s on the right of way now.  It’s been surveyed.


Commission Member Hodges made the motion to approve the amendment to Blue Water Beach, Block A subdivision, to eliminate lot 6 and realign the right of ways.  All property owners are in agreement with this.  Commission Member Hunt seconded the motion.  All in favor and the motion carried.




Mr. Williams has a large lot with 2 homes on it at 1625 and 1635 S. Bear Lake Blvd.  It is one lot now and he would like to split it into 3 lots.  Mr. Williams said he would like to clean this lot up and rent or sell the homes.  He’ll take out the tree in the middle of the front proposed 2 lots.


Commission Member Hodges wondered if the house next to Wamsley’s is out of compliance.  Commission Chairman House said he’s only required to have 8’ and that’s what he has.


Commission Member Hodges asked where he would have a right of way for utilities.  Mr. Williams said he won’t touch the proposed larger lot.  He just wants to clean up the two houses and sell them.  He said someone else can take care of that.


Commission Member Hodges explained to Mr. Williams that if he’s dividing a lot and has a road between the homes, it should have a right of way access for entrance into the rear lot.  Mr. Williams said the surveyors did that and there’s a driveway up the middle for that.  Commission Member Hodges said there needs to be a utility easement through there.  Mr. Williams said someone would have to come before the board and apply for one.


Commission Member Hodges said that in the pre-meeting, the town engineer, Jason Linford, suggested making the right of way in the driveway.  Mr. Williams said maybe someday someone will want to subdivide it, but he doesn’t want to.





Commission Member Hodges explained that he wants to make three lots out of one. In subdividing the lot and having the large lot in the rear, there should be a way for utilities to get to the rear lot.  When you record your plat, it needs to be provided.   Mr. Williams agreed that putting the easement in the driveway would be fine with him.


Commission Member Maynes said there is 39’ between the houses.  If a 24’ road goes between them, it will make the lots with the houses on nonconforming.  He said that if this gets approved, it needs to be stated what will be done with the back property.  If there eventually is a road back there, it would put the other two homes out of compliance.  He only sees the width as a problem.  That would have to be addressed if it’s ever subdivided.


Mr. Williams said the homes on the lot were built by Dick and Mike Madsen over 20 years ago.  He doesn’t want anything else to do with that property.  He just wants to get rid of it.  He’ll let someone else come and argue about where to put the road.


Commission Member Hodges wondered if the Town can make stipulations on a piece of property if it’s sold.  She thinks it should be a “buyer beware” situation. 


Commission Member Maynes said lot 3 goes to the road.  We may not need a utility easement on it because Lots 1 and 2 already have easements.


Commission Member Hodges said an engineer suggested that there be a utility easement on the plat.  She said the way our ordinance is presently written, Mr. Williams wouldn’t be able to subdivide lot 3 because it only has one ingress/egress.  There should be two.  Also the width of the road accommodating the lots is an issue


Commission Chairman House explained that this is a minor subdivision.


Commission Member Maynes would like to see that Mr. Williams gets a utility easement recorded.  He can see this piece of property being developed in the future.  It’s wide enough for a nice lot, but would need another point of ingress/egress.  If this lot is to ever be subdivided, there will need to be 2 points of ingress/egress.


Commission Member Maynes made the motion that we approve the minor subdivision for Mr. Williams with the stipulation that he will create a utility easement in Lot 3, outline it and have it recorded with a note of buyer beware that the lot will be difficult to subdivide under these circumstances unless other points of access are developed to the rear.  Commission Member Moldenhauer seconded the motion.  All in favor and the motion carried.


Commission Member Hodges explained that Mr. Williams  will need to have a surveyor and put a utility easement on the plat before it can be recorded.






Mr. Lantz recently submitted plans for restrooms at Moose Canyon RV Park.  These restrooms will be to the west of the park.  He said it will be better for the park.  He has to give credit to the Planning & Zoning for their suggestions.  The restrooms will be unisex and handicap accessible.


Commission Member Moldenhauer said he has a conflict of interest, but he is in support of this.


Commission Member Hodges said the log exterior looks good.


Commission Member Hodges made the motion to approve the additional restroom facility for Moose Canyon RV Park.  Commission Member Hunt seconded it.  All in favor and the motion carried.


CAR WASH,  Art Fanconi, Darrin Lutz, Randy Schieffer


Commission Member Maynes said he has several conflicts of interest; he does masonry and has a car wash in the county.  He will still be involved in the discussion. 


Commission Member Moldenhauer said he also has a conflict of interest, but would like to be involved in the discussion.


Mr. Fanconi, Mr. Lutz and Mr. Schieffer introduced themselves.  Mr. Fanconi is a licensed contractor and has lived in Utah for many years.  He is now in Fish Haven.  He builds about 4 homes a year.


They would like to propose building a car wash on 300 West.  It will be directly across the street from the Moose Canyon RV Park.  There will be two self service bays and in the future, they’ll put in a full service, automated wash in the third bay.  The car wash will have roll up doors.  There will be heated floors.  They would like to close the doors on windy days so that people can access them from the back.


Mr. Fanconi said it is a necessity to have a car wash around here.  We have red clay that is terrible on cars.  There will be 8 to 9 months availability to residents for use of the car wash.  It will be asphalted.  Knighton and Crow are working on the drainage system.

The rear of the property will be used for a holding basin, if they feel it is necessary.


The car wash will be a gray, block building.  It will have architectural composition shingles.  They don’t want a metal roof so snow doesn’t unload in front of the doors.




Commission Member Maynes asked about the pitch of the roof.  Mr. Fanconi said they would use a minimum of 5 x 12.  Commission Member Maynes would like to see wood, stone, stucco, or split faced block, which he likes.  He would like to see them put in a 6 x 12 roof, with wood shakes.  He said there should be no storage in the car wash during off seasons.  He would like to see a log trim on the sides with a band of block on the top, understanding that it might not be the best with water.  He would also like to see them use an earthtone color instead of gray.            


Mr. Fanconi said they’re open to color suggestions.  They will use whatever color the Planning & Zoning wants.  They want to make the upkeep and maintenance of the car wash easy.  That’s why they came up with this design. 


Commission Member Hodges asked about landscaping.  Mr. Fanconi said they propose putting trees on the north and south sides of the lot.  He loves the seasons up here.  He would like to use maples, quakies, etc, something that would survive here and also have a lot of color.


Commission Member Maynes suggested using a monument sign with rock around it.  Mr. Fanconi showed a picture of a monument sign they would like to put in.  It will be 2-sided, 4’ tall x 9’ wide and it will be sandblasted.


Commission Member Maynes asked about the type of doors on the car wash.  Mr. Fanconi said they will be insulated roll-up doors.  Whatever color the Planning & Zoning would like would be fine with them.  Commission Member Pugmire said he would like anything but white.  Mr. Fanconi said typically, all four doors will be open most of the time.  There will be boilers in the floor, so that in the winter, they can pull the doors down at night which will help to keep the floors in good shape.


Commission Member Hodges asked if they have met with the sewer district and were there any restrictions.  Mr. Lutz said he met with Dave Stringham.  He explained the sand and grease trap.  The water goes through three chambers, which will be outside and underground, before it goes into the sewer.  He said this was agreeable with the sewer district.


Mayor Hansen said he and Troy Andersen both have a gallon per minute formula and will get back with size of water lines.  He thinks 1” should be alright.  It will use 12 gallons of water in a five minute cycle.  The propane will be in a 1,000 gallon tank.  Commission Member Maynes would like to see it buried.


Commission Member Bourne asked the developers if they would be interested in using log-type rafters.  They thought that would be nice.  Maybe they could put some horizontal ones over the door.



Commission Member Maynes said that’s the theme the town wants.  The town wants this corridor to be really nice.  He said they’ll be setting the standard for the type of development that will be on 3rd West. 


Mr. Fanconi said the lot will be asphalted from the front to the back, leaving 60 feet on the rear.  There will be 2 vacuums and a coin machine.


Commission Member Hodges asked about the storm drainage.  Mr. Schieffer said Knighton and Crow are designing the drainage right now.  They’re leaving an area open for a catch basin, or a leach system.  There is enough property for either.  It’s just basically a dry ring system.  There will be no standing water.


Commission Member Moldenhauer said he is very supportive of this project .  He would like to get rid of his car wash.  He also likes the wood shingles, but doesn’t know that they need to be required.


Commission Member Pugmire said he likes the idea of using logs.  He’s not sure of the shingles.  He doesn’t think shake shingles should be required to be on the building.  He doesn’t like them.  They’re a fire hazard and they are always falling off.


Commission Member Bourne suggested using raised berms and decorative rocks in front of the car wash to give it a nicer look.  Mr. Lutz said they’re putting boulders in.


Mr. Fanconi explained that they propose to have the cars drive in straight from the road.  Some people want to wash boats and trailers.  They want to make the bays large enough to accommodate them.


Commission Member Moldenhauer asked about the congestion if a long line of cars are waiting.  Mr. Shieffer explained that there should be 40’ to use for waiting.  The cars can also go to the side and wait.  If most people see a line of cars, they’ll wait to wash their car after running errands, etc.


Commission Member Maynes asked about people cleaning out horse trailers.  He would like to see a sign put up that says “Clean up after yourselves”.  That way, customers won’t have to be in someone else’s mud or manure.


Commission Member Moldenhauer suggested moving the car wash back 10’ to help alleviate the problem of congestion.  The developers didn’t think it was necessary, but said if that’s what the Planning & Zoning wants, they’ll do it.


The bay doors at the car wash are 12’ doors.  They feel it will get most boats in.


Commission Member Hunt said if the building is moved back, she would like to see the trees extended back.


The Planning & Zoning Commission wondered if they were within the scope of what they perceive 3rd West to be.  Council Member Wride explained that there is a committee working on the architectural standards of 3rd West.  They haven’t started yet, but will soon.


Commission Member Maynes talked about a car wash in Park City that blends into the surroundings really well.  He didn’t think there will be a big rush at the car wash all the time, this should be a good project.


Commission Member Hunt said the material being used for the building will look nice.  The developers said it will be split face block.


Commission Member Bourne made the motion to approve the car wash, using log, architectural shingles and masonry.  It will look good.  It’s what we’re after.  There will be a Monument Sign, no storage, buried propane tank, and log accents.  Commission Member Pugmire added that civil engineering plans, also for the retention pond, need to be presented before the Building Permit is issued.  They also need to present a landscaping plan using boulders and address lights and propane tank.  The building needs to be moved back 10 feet.  Commission Member Moldenhauer seconded the motion.  All in favor and the motion carried.


RETAIL CENTER, Art Fanconi, Darren Lutz, Randy Schieffer


Mr. Fanconi, Mr. Lutz and Mr. Schieffer have purchased the property next to Pickleville store from Darin Satterthwaite.  They feel with the population in the summertime, it would help alleviate the busy traffic downtown.  They would like to house retail businesses and office space.  They will build the center with a frontier theme that should correspond with the Playhouse next to it.  They thought it would go together well. 


This property has been surveyed.  There are 1.95 acres.  They won’t touch the back of the property.  They are now just asking if this would be acceptable.  They would like to post signs to see what type of interest there is.  Next, they will secure leases and build in phases.  They would like to see what type of interest there is in that area.


Commission Chairman House said a Conditional Use Permit is good for 18 months.  He asked if that would work with their plans.  Mr. Fanconi thought so.


Mr. Fanconi explained that the first phase will be on the west.  They feel like there could possibly be small eateries there also.  Whatever businesses are put in the center, will have to follow the town ordinances.  Right now, there are 62 parking spaces.  They think they have about 20 more than what will be required.  The parking will be determined by what goes in and how big it is.


Commission Member Pugmire said he has a conflict of interest. 


Mr. Fanconi said there are wetlands behind the lot.  They had Bryce Nielson look at it.  It is irrigated wetlands.


The lot will be about 1.5 acres without the wetlands.


The right of way is a utility easement.  It can be used for irrigating, etc.


Commission Member Hunt asked about the ingress/egress.  Mr. Fanconi said there are three, and they need to get permission from the state.  There is approximately 263’ frontage.


Commission Member Hodges asked if they basically want approval to put the sign in.  Mr. Fanconi said they would like approval of the concept.  They will come back for the approval of the Conditional Use Permit.


Mr. Schieffer said there will be a single pitch roof.  Commission Member Maynes asked them to be sensitive to the people behind them who will be looking at the back of the business.  Each individual business will need their own Conditional Use Permit, if it’s needed.


Mr. Fanconi said this area is growing so much.  You can feel it when you drive in to town.  He feels this is a good thing.  They have not bought the Pickleville Store.


The adjacent property owners have been notified.


Commission Member Pugmire said he likes the project.  He doesn’t see any problems with it.


Ellouise Satterthwaite wondered about the fence between her property and theirs.  Commission Chairman House explained that in the past, where there has been commercial and residential property next to each other, they have required a fence between the lots that would be agreeable to both parties.


Commission Member Hodges explained that when they come in for their Conditional Use Permit, that’s when the Planning & Zoning will state the conditions required.  That’s when the fence requirements will be made.


Mr. Fanconi asked if they could at least have permission to put a sign up.


Commission Member Maynes made the motion that we give tentative approval to the preliminary concept of plans of what Mr. Fanconi, Mr. Lutz and Mr. Schieffer want to do.  They can advertise with a sign to see if it is feasible to construct this project.  He is in favor of the concept and would like to see an economic profile.  No Conditional Use Permit is granted at this time.  Commission Member Pugmire seconded the motion.  All in favor and the motion passed.




Zone for Produce


The assistant clerk asked about the possibility of providing a zone or place for farmers to sell produce.  Commission Member House said the Planning & Zoning Commission is very busy right now and with the transient business ordinance the way it is, he doesn’t see how it will work.  He suggested farmers selling their produce through KOA.  Commission Member Moldenhauer wondered about locals selling produce through him.  Commission Chairman House said if it runs through his till, he doesn’t see a problem with it.


Commission Member Bourne said we need to support our year round businesses.


Hayride for KOA


Daniel Moldenhauer of KOA said he would like to have a hayride for his guests.  The hayride would stay on KOA’s property, which has 12 empty acres.  He would also like to go behind his property, by Vic’s Hardware and go to the beach.  It would be free for customers.  A tractor would pull the wagon.


Commission Member Hodges and Commission Chairman House told him to get a permit through sovereign lands.  The Planning & Zoning didn’t have a problem with that.  Mr. Moldenhauer will have liability with people on a tractor being on the roads.  Tractors are allowed on the streets.  State lands just needs them to have a permit to drive on and off beach area.


Bear Lake Advertising


There was discussion and compliments on the advertising about Bear Lake on the radio.



Bear Country Village


Commission Member Hodges said she received a telephone call from Connie England regarding the Bear Country Village. They had pulled out the fence between them.  Mayor Hansen said he’s talked with Clint England about it.  They’ll have to work with the contractors.  There were no provisions for a fence.  They just need to solve the problem internally.  Mr. Korgenski also knows about it.  He has full intentions of working with them.


Commission Member Pugmire questioned the distance between the buildings and wondered if there was room for parking.   He didn’t think it was approved the way the buildings sit.  The Building Inspector should have the plans.  Utah Power may also have a problem with where the power will be.


The Planning & Zoning Commission want to look at the Korgenski property at the next meeting.


Merlin’s Drive In


Commission Member Pugmire asked about Merlin’s Drive In.  He thought there should be a privacy fence.  He wondered if it was to be along the whole corridor or in accordance with the neighbor.  The Planning & Zoning said it was to be in accordance with the neighbor.




Council Member Leonhardt said he would like to caution the Planning & Zoning about what is brought up at the meeting and what they can ask for, like an economic profile.  It’s a buyer beware situation.  He asked them to go through the minutes with a fine tooth comb, because Mr. Lantz’ situation will probably go to court.  Other than that, he complimented them on doing a good job and handling it well.




The minutes of March 3, 2004 were presented.  Corrections were made.   Commission Member Hunt made the motion to approve the minutes as amended.  Commission Member Hodges seconded the motion. All in favor and the motion carried.


The minutes of the special meeting of March 12, 2004 were presented.   Corrections were made.  Commission Member Hodges made the motion to approve the minutes as amended.  Commission Member Hunt seconded it.  All in favor and the motion carried.


The minutes of April 7, 2004 were presented.  Corrections were made.  Commission Member Pugmire made the motion to accept the minutes.  Commission Member Bourne seconded the motion.  All in favor and the motion carried.




Council Member Wride invited everyone to come to the planning meeting next month.  Sydney Fonnesbeck of the Utah League of Cities and Towns will be there.





Commission Member Pugmire made the motion to adjourn at 9:15 p.m.  Commission Member Hodges seconded the motion.  All in favor and the meeting adjourned.






APPROVED:                                                     ATTEST:






___________________________________    ___________________________________

Brian House, Chairman                             Assistant Clerk