Meeting Minutes 2006


MINUTES OF THE

PUBLIC HEARING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held a Public Hearing on Wednesday, September 6, 2006 at 6:00 p.m. at the Garden City Office Building located at 145 W. Logan Rd.  Commission Member Jared Seamons opened the meeting at 6:05 p.m.

 

Commission Members Present:

 

         Jared Seamons, Vice Chairman

         Frank Smith

         Jennifer Huefner

         Dennis Salzetti

         Greg Bills

         D.J. Ballingham

Excused:  Lance Bourne

 

Others Present:

 

         Sharlene Millard                         Rod Blossom

         Jerry Phelps                              Shirley Memmott

         Cal Johnson                              Dan Mortensen

         Elizabeth Seiler                           John Alter

         Margaret Satterthwaite                 Larry Satterthwaite

         Anita Weston                            Frank Smith

         Kathy Hislop                            Mark Hislop

         Deenna Tolentino                        Scott Tolentino

         Susan Hayward                          Penny Fox

          Cindy McLaughlin                      Mr. and Mrs. Rulon Crosby

         Norm Mecham                           Jan Luczak

         Mr. and Mrs. Mel Larsen

 

CONDITIONAL USE PERMIT,  Rulon Crosby

 

Elizabeth Seiler said our ordinance states that an additional 1000 sq. ft needs to be added to the lot size for a Conditional Use Permit in a residential zone.  She wondered if that has been accounted for. She also wondered if the requirements have been met for off street parking. 

 

RE-ZONE,  John Post

 

Elizabeth Seiler asked where the two different zones were.  Mr. Mark Hislop was here representing Mr. Post and he explained where the zones were.

 

SUBDIVISION,  Corrine Burton

 

Mrs. Shirley Memmott said she is concerned with her lot being landlocked.  She said she doesn’t understand the map and descriptions.

 

Elizabeth Seiler said Lot #4 has an irrigation ditch running right through it.  She wondered if Ms. Burton had a letter from the canal company.  Lots #1 and #2 are also wetlands.  She wondered if there has been permission from the Army Corp. of Engineers?  She said the accesses are also an issue. If you can’t build on wetlands or a canal lot, they don’t make for saleable lots.

 

Cindy McLaughlin explained the area of the property.  The area Ms. Burton wants to subdivide was originally going to be Phase 3 of Snowmeadows.  But she couldn’t find that it was ever recorded.

 

There was a question from the audience about the Snowmeadows road going all the way to a gravel road.

 

Elizabeth Seiler wondered if Ms. Burton would need a letter from Snowmeadows to use their road. Commission Member Seamons thought they would require the letter.

 

Commission Member Seamons explained the difference between a Public Hearing and a regular meeting.  During a Public Hearing, the public can tell how they feel about the application, but during the regular meeting, the board talks and makes the decision.

 

HISLOP SUBDIVISION, Mark and Kathy Hislop

 

This subdivision is zoned Community Commercial.

 

Scott Tolentino said he is concerned about the proposed right of way and wondered about the setback requirements for the house.  He also knows Mr. Hislop and Mr. Michaelson is debating where the property line is.  Mr. Michaelson feels he owns part of the property the fence is on.  Mr. Tolentino said he’s happy for the house to come in. 

 

Mr. Tolentino wondered if the access road has to be farther from the property line, or if it needs to be right along the property line.  He also questioned the width of the right of way and wondered if it will meet commercial standards?  If not, it will need a variance or Mr. Hislop will need to apply for a re-zone to residential for a change of the setbacks.

 

Mr. Tolentino said his house is also in the commercial zone.  He said if Mr. Hislop comes in for a request to re-zone his property, he would also like to change his zone to residential.  He’s scared about what would happen if it’s zoned commercial.  He doesn’t want spot zoning.

 

The commercial zone is on the north side of the road.  The residential zone is on the south side of the road.

 

Mr. Tolentino said the way things are changing here in town.   It scares him what could come in on his street and what could be allowed.  However, he realizes there would be stipulations put on them.  He said he’s okay with the house being there; he just wants the setbacks met.

 

Margaret Satterthwaite said all the utilities and utility easement will have to run to the back lot.  She wondered if they could have a road over the top of the utility easement of if there is sufficient footage for them to be next to each other.  Also, if the west side of the home is used as an easement, it removes the parking ability for the existing home.  Sideyard requirements would become an issue.

 

Mr. Tolentino said the only parking on the front would be on the towns right of way.  There’s really no front to speak of.

 

Ms. Satterthwaite wondered about fire protection.  She wondered if a fire truck could get to the rear lot.  She said there is a hydrant in the front of her yard for consideration.

 

Ms. Seiler wondered if there would be room for a fire truck to turn around in the rear lot.  She said a cul-de-sac has to have room for a fire truck.  She wondered what the definition for a “lot” would include having frontage on a street.  She doesn’t know if that can be considered a lot.  The street needs to be a minimum of 26’.  Since the house or dimensions aren’t drawn on the subdivision map, she doesn’t know how the road can be considered.  She said the survey markings that are there are from when she sold the lot to Subway.  It’s going to be hard to determine where the road should go.  It has to meet residential setbacks.

 

Ms. Seiler thinks there should be a survey on the front lot.  She also wants to make sure that the Hislop’s know that they will need to meet the Architectural Standards.  She also wondered how she’s to know if there won’t be a business put in the back lot? 

 

FINAL APPROVAL FOR ELK=S RIDGE PHASE 2, Frank Smith

 

A member of the audience said they were here just to hear if they could get a Building Permit or not.

 

Kathy Hislop said that Mayor Hansen and Norm Mecham are concerned about the pumphouse and the proximity to the canal.  Mr. Smith said he’s talked with Mr. Mecham and the area has been staked out. Mr. Blossom said there’s about 15-18 feet to the canal with 8-10 feet on the sides.  He could pick up a few more feet if necessary.  Mr. Smith said they would need the right of way to be able to clean out the canal.  Nothing has been poured.  It was just staked yesterday.

 

Utah Power has been out to inspect the power.  Mr. Smith said basically all that needs to be done is to put the gravel on the roads to get their trucks down.  He’s understood that once the power has been inspected, it will take about 3 weeks to get the power in.  There are also a couple more pieces of pipe to move out.  The pumphouse could be moved if necessary.

 

Penny Fox had a question on the grade of roads.  It was said that the roads are very steep and there’s a lot of dust that is creating a nuisance for the town and for the subdivision later on.

 


Mr. Smith said the dust is created because the roads are being graded down to be able to put in the gravel.  The roads will be gated, so there shouldn’t be a concern with the dust.  The towns grade requirement has been changed to 12% and he has a lot that is twice the grade.  He thinks that the town is watching it better.  The sewer is in.

 

The timeline for the infrastructure in Phase 2 is about 1 year said Mr. Smith.  The first phase took longer because he had to put in the watertank, which was very expensive.  He’s had an extension on his letter of credit.  He thinks the infrastructure shouldn’t take too long for Phase 2.  If he can get this approved, he can start dynamiting and laying pipe before the snow flies.  He thinks they would be able to have people build by next summer. 

 

Margaret Satterthwaite said Hodges Canal Co. would like a letter about leeching water from their canal into the homes.  Mr. Smith said they have built two culverts with bulkheads.  No homes below the canal are impacted.

 

Susan Hayward said she would like more clarity on a timeline.  She’d like to see one complete phase done first for people’s investments.  Mr. Smith said he would like to move to another phase of this subdivision.  He thinks it’s important but needs to step back for a couple of months.

 

Mr. Smith said he’s a part owner in phase 2.  He has put $125,000 and 67,000 this month into it.  He’s probably got another $100,000 to pay to finish the pumps.  He said if there’s no progress being made that would be unfair.  They have been progressing.  Time is of the essence and he needs to be able to get started on items like pipe for phase 2.

 

He has sold part of Phase 2 to put money towards Phase 1.  The PR valves are not in, but are coming.  It will take a day or two for that to get in.

 

CONCEPTUAL APPROVAL FOR SUBDIVISION,  RULON CROSBY

 

Mr. Crosby said he would like to turn the home at 1630 S. Bear Lake Blvd. into a duplex, or mother in law apartment.  He has turned in a plan, which was given to the Planning & Zoning Commission and he said he is hoping for conceptual approval.

 

Commission Member Seamons asked about the requirements and concerns of others.  The 35’ right of way was originally set up down the center of the homes.  Mr. Crosby said he will cut down the trees to help with the off street parking that is required.  He’d be happy to add 1000 sq. ft. to the lot. 

 

Commission Member Seamons asked about the setbacks for the existing homes.  Mr. Crosby said the side setbacks are approximately 10 to 15 feet.  Commission Member Ballingham said the side setbacks are 20’ on the side, as he understands it.

 

Kathy Hislop said when the subdivision was done, they met the setbacks at the time.

 

Mr. Crosby said he would like to keep the existing right of way and setbacks.  He’ll comply with all the new requirements.  Commission Member Smith said this road would access the lots to the rear, so it needs to comply with the new standards

 

Council Member Seiler said the lot has been divided into three lots.  The road between the houses was to access the subdivision and the minutes said no subdivision should happen.

 

Mr. Tolentino said there’s always been a buyer-beware for those lots.  Many people have come in for subdivisions there; it’s an on-going thing.  Mr. Crosby said Dick Williams, who used to own the property, has come before the Planning & Zoning.  He was going to have a cul-de-sac and the reason he was turned down was there was not a second entrance.

 

Mr. Crosby said he doesn’t object having two egresses.  If he were starting over today, he’d have larger setbacks.  Under these circumstances, he would like the setbacks for the front as they are and live by the present ones for the rear lot.

 

A member of the audience talked about Mr. Crosby using Hodges road for the second entrance.  He said it’s a steep road.  Mr. Williams should have notified Mr. Crosby about that.

 

Mrs. Satterthwaite said the original subdivision was to divide the homes and put a third lot behind.  Commission Member Ballingham said any subdivision of less than 4 lots doesn’t need to have two accesses.  The larger subdivision needs that.

Mr. Crosby said he was told 30’ road would be all right.  He asked the P&Z what size he needs.  Some members said 50’ wide.  He was also told the road will need to be 26’ wide.

 

Ms. Seiler said Mr. Crosby would also need to get a permit from UDOT for access onto the highway.

 

Mr. Mel Larsen said the trees in the front would need to come down.  Mr. Crosby agreed and said the one on the right of way will certainly come down.  He wouldn’t mind taking them all out.

 

Mr. Crosby asked if someone comes in many years later after an approval, do they have to meet the requirements now?  Commission Member Smith said this is now a new subdivision and needs to be the present ordinances

 

MISCELLANEOUS,  Corrine Burton Subdivision

 

Norm Mecham said he owns the property to the north and the 36’ right of way to the south of her subdivision.   He just wants to make sure that she understands he has an established right of way on the road she’s planning to use.  He is planning to subdivide later and will be using the road.

 

 

 

Ms. Burton said she understands his right of way on the 36’ road.  Mr. Mecham said his right of way overlaps and comes from the main road and parallels lot #1.  He has bought property by Delilah Hodges for a road. 

 

Commission Member Seamons said this could be discussed later.

 

The Public Hearing closed at 7:04 p.m.

 

 

APPROVED:                                     ATTEST:

 

 

 

_________________________________      _____________________________

Jared Seamons, Chairman                        Assistant Clerk

 

 

 

 

MINUTES OF THE

MEETING OF THE

PLANNING & ZONING COMMISSION OF

GARDEN CITY, UTAH

 

The Garden City Planning & Zoning Commission held their regularly scheduled meeting on Wednesday, September 6, 2006 at the Garden City Office Building located at 145 W. Logan Rd.  Commission Vice Chairman Seamons opened the meeting at 7:04 p.m.

 

Commission Members Present:

 

         Jared Seamons, Vice Chairman

         Frank Smith

         Jennifer Huefner

         Dennis Salzetti

         Greg Bills

         D.J. Ballingham

Excused:  Lance Bourne

 

Others Present:

 

         Sharlene Millard                         Rod Blossom

         Jerry Phelps                              Shirley Memmott

         Cal Johnson                              Dan Mortensen

         Elizabeth Seiler                           John Alter

         Margaret Satterthwaite                 Larry Satterthwaite

         Anita Weston                            Frank Smith

         Kathy Hislop                            Mark Hislop

         Deenna Tolentino                        Scott Tolentino

         Susan Hayward                          Penny Fox

          Cindy McLaughlin                      Mr. and Mrs. Rulon Crosby

         Norm Mecham                           Jan Luczak

         Mr. and Mrs. Mel Larsen             

 

OATH OF OFFICE

 

New Planning & Zoning members, Greg Bills and Dennis Salzetti took their oath of office.  Commission Member Bills will be replacing Brian House who was appointed to the Town Council and Commission Member Salzetti will be replacing Troy Petersen, who has moved out of the town limits.

 

 

 

 

 

COMMISSION MEMBERS VOTE FOR CHAIRMAN AND VICE CHAIRMAN

 

Commission Member Huefner made the motion to nominate Jared Seamons as Commission Chairman.  Commission Member Ballingham seconded the motion.  All in favor and the motion carried.

 

Commission Member Ballingham nominated Frank Smith as Commission Vice Chairman. Commission Member Huefner nominated Lance Bourne as Vice Chairman.  Commission Members who vote for Mr. Smith:  Commission Member Ballingham, Commission Member Bills, Commission Member Salzetti, and Commission Member Smith.  Commission Members who vote for Mr. Bourne:  Commission Member Huefner.

 

CONDITIONAL USE PERMIT, Rulon Crosby

 

Commission Chairman Seamons said it is a requirement for a Conditional Use Permit within a Single Family Residential zone to add 1000 sq. ft. to a lot size.  That will need to be addressed. 

 

Commission Member Ballingham said as long as Mr. Crosby is meeting the requirements of the town regulations it’s fine.  It sounds like there’s a setback issue and some setbacks have been grandfathered on that specific lot.  In relation to the subdivision, there are some issues.  We should give Mr. Crosby the opportunity to discuss that and a decision can be made on both issues.  Commission Chairman Seamons said we need to follow the agenda.

 

Commission Member Smith said a lot of the building requirements would be up to the Building Inspector.  Mr. Crosby said there is not a kitchen on both levels as of now.  They will add a kitchen and two bedrooms to the existing building.  They expect to meet all the requirements of the Building Inspector.  He proposed to add an additional 1000 sq. ft. to the lot size by taking it from Lot #3.  He hopes the approval may be granted subject to the additional footage.

 

There was a question as to why the additional 1000 sq. ft. was added to a Conditional Use Permit.  They thought it was for parking issues. 

 

Commission Member Bills said Mr. Crosby will probably have to get the existing homes up to code before occupancy.

 

Commission Member Ballingham made the motion to accept the proposal as long as the 1000 sq. ft. is added to the lot size and also that they meet with the Building Inspector for approval of the building codes and realizing the dwelling may need to be upgraded to existing updated codes.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

 

REZONE, John Post

 

Mark Hislop is here representing John Post.  He is proposing to increase the commercial zone to include all of lots #2 and 3 of the Maynes Subdivision.  Mel Maynes has sold the property and the new owner would like to increase the zone to the back of his property line.

 

Commission Chairman Seamons said it makes sense to clean it up.  Mr. Post may buy the rest of the property and may eventually come to re-zone the rest of the subdivision.  He may also encumber the two lots for business reasons.  He realizes he will need to go to Town Council.

 

Commission Member Ballingham made the motion to accept the proposed zoning of the lots from Recreational Residential to Community Commercial as shown on the map.  Commission Member Huefner seconded the motion.  All in favor and the motion passed.

 

CONCEPTUAL SUBDIVISION APPLICATION,  Corrine Burton

 

Ms. Burton said she has sold her home and now wants to sell her property.  The best way financially to do this was to make it a minor subdivision.  She showed the concept phase on the map. 

 


Ms. Burton said she is aware of the fact that there will need to be a right of way to Lot #2.  Two parcels by Snowmeadows don’t have access and they discussed putting the access between lots 3 and 4.  She said Snowmeadows wouldn’t allow access on the north side so the only access will be on the south.  Norm Mecham is willing to use part of his land and make the access a 50’ road.

 

Ms. Burton said originally, she was going to deed Parcel B to Cal Johnson, but she understands Snowmeadows will block off the access.  There is a piece of land, which Parcel B is on that she is willing to use as access to the gravel road south of these lots.  She said this is just a concept.  Things may change.

 

Ms. Burton realizes there are wetlands on the bottom of the road.  Nobody can touch that.

There is an existing building on Lot 1.  The property owners know there will be a road on this property to Lot #2. 

 

There was a question about the canal on Lot #4.  Ms. Burton said it really runs to the rear of the lot.  Whoever buys Lot #4 should know there is a culvert for access.  Ms. McLaughlin said there is 20’ in front of the culvert and that should be enough to build on.  They should also need to know that the canal company will need an easement.

 

The town attorney had written a letter and said that the property survey doesn’t match Rich Land & Title’s description.  Ms. Burton just talked with Jeff Hansen and he’ll do whatever needs to be done.  This is just a concept phase.  He knows he will have to change the maps a couple times to meet their needs.

 

There was discussion about needing water rights for water connections.  Commission Member Smith said it’s nice to get water rights, but they=re not required of a subdivision within town limits.

 

Commission Member Ballingham questioned the roads.  He thinks it will be great to have a road go through Lot #3.  As far as accessing Lot #2 through #1, that also needs to be in place on the plat map.  He thinks there should also be a turn around in Lot #2.  The turn around should be at least 40’.  She can put the turnaround anywhere she wants.  There needs to be an access.  Also, clearly mark that there is some type of easement from the gravel road 20-30 feet to where the house is going to be built.

 

At one time, these lots were going to be a part of Snowmeadows.  But they were not developed or recorded, so Ms. Burton can’t use the roads for an access.

 

Commission Member Bills said this is a conflict of interest.  He wondered who is calling the shots in Snowmeadows.  He thinks some discussion would help them lay it out the way it was first developed and the access questions.  There may be some misrepresentation.

 

Commission Member Huefner said the ordinance states that in subdivisions of not more than 4 lots, the subdivision should not traverse a map line of a proposed street.  She doesn’t know if it does or not, but she wondered about it.  Ms. Seiler said it doesn’t look like it’s going over any streets in the general plan.

 


Commission Member Ballingham asked about the amount of proposed lots as they exist now.  Are there one or three lots?  Ms. Burton said it is three lots being divided into 4 lots.

 

There was discussion about how technically, each lot could be divided into 4 lots for this application.  Ms. Burton said she’ll leave it as it is.  Commission Chairman Seamons wondered how she would get water to those lots.  She said she just wants to sell the lots and make money.

 

Ms. Burton was told she’ll need to show the roads and a turn around on Lot #2, show the canal in the right place.   The wetlands need to be shown on the map.  She needs to get a copy of the subdivision of not more than 4 lots ordinance.

 

SUBDIVISION OF NOT MORE THAN 4 LOTS, Mark and Kathy Hislop

 

Mr. Hislop showed a map of the existing house on the front piece of property.  The proposed boundary line will be on the rear of Alan McMichael’s property line.  The rear piece is .40 of an acre.  The front piece is .22 of an acre.  There is a 20’ right of way, which leaves 25’ to the house.  The proposed rear boundary line is 36’ from the house with 11’ on the east side.  Mr. Hislop said there are some issues with the title blocks that they didn’t meet. 

 

Mr. Tolentino asked about the existing fence.  He said Mr. McMichael’s property line is further east than where the fence is.  Mr. Hislop said actually, the fence is on his property according to 

                                                      -4-

the survey.  He has offered to buy Mr. McMichael’s property.  The other fence line by the

Wahlstrom’s is 5’ further than what matches the Tolentino’s property line.  Mr. Hislop said he wants to be a good neighbor and doesn’t want to change anything that is already there.

 

Mr. Hislop said his intention is to build their home on Lot #2.  There is no specified amount for right of way, but he felt a 20’ right of way would be good.  He’ll cut down some trees there.  He could do a 10’ right of way, but would rather use the 20’. 

 

Commission Chairman Seamons asked about emergency access for fire trucks.  Mr. Hislop said there is nothing in the ordinance that says there needs to be a cul-de-sac.

 

Commission Member Ballingham said he doesn’t have a personal problem with this.  There is presently no ordinance for flag lots, which is what this is.  We need to address a new ordinance on this.  This is a lot that is inaccessible except through a thoroughfare.  He doesn’t know what the right answer is.  He said perhaps the town needs to address this because there will be more issues like this.

 

Commission Member Ballingham recommended moving the fence or taking it out.  Mr. Hislop said he couldn’t move it right now, because the property owner feels that it’s his property.  Commission Member Ballingham said it would be wise to create space. 

 

Commission Member Smith asked when this was surveyed did it show the fence line?  Mr. Hislop said it was surveyed and the fence is on the survey, but the fence isn’t where it should be. They also used other monuments other than where Subways marker was.  Wahlstrom’s are going to find out there’s a discrepancy.  The fence on Mr. Tolentino’s property goes onto the Wahlstrom’s property.

 

Mr. Hislop said the utilities would come through the right of way.  The water and sewer are off the frontage.  The water is on the other side of the road.  The power is from the transformer on the back of Subway on the fence.  He’s not sure where the phone will come from.

 

Commission Member Ballingham said this lot is not off of a road.  We need to define the setbacks where the stipulations for setbacks are off of the road.  They wondered where the front setback should be from.  Kathy Hislop said the setbacks are from the property line, not the road.  Mr. Hislop explained his setbacks.  The Planning & Zoning Commission said that sounds good and meets the ordinances. 

 

Commission Member Smith made the motion to approve the subdivision application based on the setbacks.  Commission Member Bills seconded the motion.  All in favor and the motion passed.

 

FINAL APPROVAL FOR PHASE 2 OF ELK=S RIDGE,  Frank Smith

 

Mr. Smith introduced his engineer, Rod Blossom, who would like to address Sunrise

 

Engineering’s concerns.  Mr. Blossom said the hydrants are finished, the grade of road is 12.5%,

the plans for the booster pump were submitted with Phase 1.  The calculations for the size are done.  The last section of boundary description has been revised.  The only thing not completed is the 12.5% grade for Elk’s Ridge Road.  They now doing a 4’ cut on the top and 4’ fill on the bottom.  The only thing that could be done differently for ½% grade is to cut 8’ on the top and 8’ fill on the bottom.  He said Jason Linford, the town engineer thought the grade would be good, with the approval of the Planning Commission.  Phase 1 was approved with the grades.  This is on steep country.

 

Mr. Smith said if you have to do an 8’ cut and 8’ fill, it makes it very difficult for people building homes.  You really can’t do anything else with the land.  It’s not reasonable.

 

Mr. Smith said they have bought a limited amount of ground for the pumphouse.  The berm in the back can be flattened for access.

 

Commission Chairman Seamons said with respect to the utilities, etc., once the power company gets going, it’s another 3 weeks to get it connected.  They now have to wait until one of their employees are back from vacation.  Mr. Smith is asking for this on his own merits.

 

Phase I is showing the pumphouse to the canal.  He suggested coming up with an agreement to use that access.  There is 15-18’ to the canal and they are working with the canal company with this.  Mr. Blossom suggested Mr. Smith taking Mr. Mecham up there.  They could move the pumphouse.

 

Commission Chairman Seamons said he would like to get input on the percent of grade of the road.

 

Commission Member Ballingham said there is 1300’ of 12.5% grade.  He doesn’t have a problem with the extra ½%. However, this is an ordinance, legally, it may have to go to the variance committee.  Mr. Blossom said there is leeway with the Town Council.  He showed a map of the road showing how the ½% wouldn’t make much difference.

 

Commission Chairman Seamons said the Planning & Zoning does have some discretion.

 

Commission Member Ballingham made the motion to accept the plat as indicated providing for the 12.5% grade on the road throughout specified areas on the map.  Commission Member Huefner seconded the motion.  All in favor and the motion carried.

 

HEIGHT OF WINDMILL,  Jim Stone

 

Kathy Hislop represented Mr. Stone.  He would just like to have permission to build a windmill.  It will be 35’ high and would be behind the Pickleville Store.  Commission Chairman Seamons wondered if they want the windmill to help with power.  Ms. Hislop said yes, it’s to generate power and is on a trial basis.  If it works, he’ll connect it to their store.  The blade is 4-5’ long.

 

Commission Member Smith said anything that generates power is great.  Mrs. Hislop said there has to be 100’ of unrestricted area around it.

 

Commission Member Ballingham wondered if it would have to meet the Architectural Standards?  Commission Member Salzetti wondered about the power company’s regulations.  Commission Member Smith said if they can produce power, the power company would buy the power back.

 

Commission Member Bills is only concerned with the height.  He wondered if only going 35’ high will give him the wind he needs to generate the power.

 

Mrs. Hislop said it’s on a free trial basis for a year.  Commission Member Smith isn’t sure if a windmill should be the same height as the building height regulations.  It may not be applicable.  Commission Member Ballingham said someone might complain about the view if it’s higher.

 

Commission Chairman Seamons said as long as we meet the height restrictions, he thinks it would be okay.  We don’t want someone’s view to be blocked.  There shouldn’t be any other issues with adjacent landowners.  He thinks it should be okay.

 

Commission Chairman Seamons suggested passing this on to the Town Council for an item of discussion.

 

SUBDIVISION DISCUSSION, Rulon Crosby

 

Commission Chairman Seamons said the biggest issue brought out in the Public Hearing is the road access with two building on each side.  A subdivision requires a larger road.  Mr. Crosby is a proposing 30’ road. 

 

Mr. Crosby said the way Dick Williams had set up the homes, there is a 35’ right of way between the homes.  He put in a 30’ road on the map because that is what he understood he needed to do.

 

There is a possibility of getting rid of the home with the present cost of remodeling.  Mr. Crosby said there are other ways to attack this.  Commission Member Bills said by putting a road between the homes, it makes the road too narrow.  He suggested removing one of the homes to get better access to the rear lot.

 

Commission Chairman Seamons said Mr. Crosby might need to talk with UDOT for approval to come off the road.  Commission Member Smith said UDOT has not allowed access to the highway from some other places.   There was discussion about moving the access to Hodges Canyon Rd., but he will still need another access.

 

Commission Chairman Seamons said the road is considered a minor road and should be 30’ wide.

 

 

Mr. Crosby said another solution implied is instead of asking for a public street, which would eventually be turned over to the town, he could have a private road with different setback requirements.  He has two acres behind the houses for the subdivision.  A PUD requires 5 acres or more, so that won’t work for him.

 

Commission Chairman Seamons said if the required setbacks are met, he suggested Mr. Crosby think about putting a fence between the houses.  It doesn’t solve the setback issue and perhaps this may need to go to the variance committee.

 

RENTAL HOUSE DISCUSSION,  Michelle Locey

 

Ms. Locey said she would like to add 4 more cabins to the lot at approximately 184 S. Bear Lake Blvd.  and use them as rental property.  It is in the Community Commercial zone.  There is an existing home there now.  The lot is 1 acre.  The smaller lot is ¼ acre.  The cabins are 40’ x 37’.

 

The homes will be a family owned rental business.  Commission Member Ballingham said they are essentially manufactured homes.  Ms. Locey said they will rent them out.  No one will be living in them.  Ideally, they would go to the property management of they would hire someone to take care of them.

 

Commission Member Ballingham asked about the access to each cabin.  Ms. Locey said each cabin will have 2 parking stalls with one road that connects them. 

 

Commission Member Ballingham said he thinks they’ll need to do a minor subdivision of 4 lots. Commission Chairman Seamons agreed.  There was discussion about this being considered a motel.  It could go through as a Conditional Use Permit.

 

Commission Member Ballingham said maybe they could have more cabins with sidewalks to each cabin.  Commission Member Smith thought that would be a good idea.  Commission Chairman Seamons suggested Ms. Locey having a pre-meeting for this to help with the planning of her project.

 

Commission Member Huefner said we just don’t have an ordinance that fits what she wants to do.  There was discussion that it’s probably closer to a hotel than anything in our ordinance, but we need to make sure we’re following all the requirements and not having anything be inappropriate.

 

Mr. Luczak asked how many homes could be put on a one-acre lot?  Commission Member Smith said if it’s different with each zone.  If it’s residential, you have to go through a minor subdivision.

 

Commission Chairman Seamons said we are in support of this.  We just want to make sure we’re guiding Ms. Locey in the right direction.  We want to help her meet all the requirements.

 

 

LAND USE AUTHORITY

 

There was discussion about who the land use authority should be in Garden City.  They felt it should be the Planning & Zoning Commission with the Town Council’s support.

 

Commission Member Ballingham made the motion that the Land Use Authority should be the Planning & Zoning Commission.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

APPEALS AUTHORITY

 

Commission Member Ballingham made the motion that the variance committee be the Appeals Authority.  Commission Member Smith seconded the motion.  All in favor and the motion carried.

 

MISCELLANEOUS

 

Applicant Requirements

Commission Member Huefner said she has gone through some material and feels the decisions the Planning Commission have made are not clear.  She wondered about having a form to document findings and decisions for each applicant.  Commission Member Ballingham said they have the minutes, but it would be good to have the decision written out and for the applicants to receive a copy of the decision

 

Commission Chairman Seamons said we’re here to educate the community.  It would be good to prepare them well enough and so they have all the required material when coming in.

 

Commission Member Huefner will work with the clerks to get the form ready.

 

Commission Member Ballingham suggested having a secretary among the Planning Commission fill in the paper and give to the clerk after the meeting.  He suggested even having the chairman write the requirements because he doesn’t vote.  Commission Chairman Seamons agreed and said as long as he has the ability to pass it on as necessary.

 

Commission Member Huefner said she has noticed that Brian House had a checklist for a subdivision and she thought it would be good to have one for each applicant.  She also wondered if they could get the minutes sooner than they’re getting them.

 

Beach Access


Commission Member Smith said the access going to the beach is terrible.  Half of the vehicles go into holes.  He said we as a town should do something about it.

 

John Alter said it’s on state land and he has approached them.  He was told that they won’t spend any money. The beach belongs to state lands and the corp. of engineers and we can’t scoop up a

 

Commission Member Smith said we should start the process in violation of the signs there.  It’s complicated.  He said we should do what we can to fix the problem.

 

Affordable Housing

Commission Member Smith said Penny Fox and Susan Hayward are talking about doing affordable housing, but there’s no where to put the homes.  We need to invent a zone for it.  They can’t go into an RV park unless we change the ordinance.  They can’t go into Buttercup because they’re too small.  He would like to get someone on the agenda to talk with the Town Council to get that started.  Commission Chairman Seamons said they will need to do some research first.  If you look at Jackson, WY., they had to create something like that to house employees.

 

Commission Chairman Seamons said we’re kicking ourselves in the foot if we don’t get something here to help house the employees.  Someone in Montpelier has said they would even buy a bus and bring people over here to work.

 

Commission Member Smith would like this to be put on the agenda for next month.  He will get some more information to present.

 

MINUTES

 

The minutes of the July 5, 2006 Public Hearing were presented.  Commission Member Huefner made the motion to approve the minutes.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

The minutes of the July 5, 2006 regular meeting were presented.  Commission Member Huefner made the motion to approve the minutes as presented.  Commission Member Salzetti seconded the motion.  All in favor and the motion carried.

 

The minutes of the August 2, 2006 Public Hearing were presented.  Commission Member Huefner made the motion to accept the minutes as presented.  Commission Member Smith seconded the motion.  All in favor and the motion carried.

 

The minutes of the August 2, 2006 regular meeting were presented.  Commission Member Huefner made the motion to accept the minutes with corrections.  Commission Member Bills seconded the motion.  All in favor and the motion carried.

 

ADJOURNMENT

 


Commission Member Bills made the motion to adjourn the meeting at 9:02 p.m.

 

APPROVED:                                     ATTEST:

 

__________________________________    __________________________________

Jared Seamons, Chairman                        Assistant Clerk

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