Fountain Green City Hall
January 11, 2024, 7:45 p.m.
PENDING MINUTES
Attendance: Mark Woods, Aimee Goble, Curt Lund, Tyler Smith, Jim Beagley, Brent Jakins, Roger Aagard, Chandler Malichanh, Alyson Strait, Jake Littlefield, Jerime Ivory
Citizens in attendance: Laura Beagley (to Zoom), Rod Hansen, Ryan & Kristiena Yorgason
- Mark calls the meeting to order and asks the Planning Commission members if they have any corrections to make to the minutes for the December 14, 2023 regular meeting of the Planning Commission that was emailed to them. Aimee motions to approve the minutes as printed/emailed. Curt seconds the motion and all approve.
- Mark suggests that the Commission conduct voting for a new Chair and Vice Chair before beginning Commission business. After a short discussion on whether the Commission needs a Vice Chair or not, they agree that a Vice Chair is a good idea. Mark asks for nominations for Chair and Tyler nominates Mark Woods. Curt seconds the motion. There are no further nominations and all vote for Mark Woods for Chair of the Planning Commission. He asks for nominations for Vice Chair and Tyler nominates Curt. Curt nominates Tyler and Chandler seconds both nominations. In voting, Curt receives 6 votes and Tyler receives one vote (from Curt). Curt is now the Planning Commission Vice Chair.
- Next on the Agenda is a conditional use permit for Stephanie and Allen Lemon to live in an RV temporarily on Stephanie’s parents’ (Mike and Janette Vogt) property at 520 North State. None of them are present although they were told to come last month. Some of the Commission members thought that the conditional use permit was voted on last month, but Heather reads from the December minutes that it was not voted on. Heather also reminds the Commission members that the conditional use permit must be signed by the owners of the property – the Vogts. She also points out that temporary structures are supposed to meet setback requirements the same as any permanent structure. If the RV is behind the property midpoint, it could be OK where it is under the current setback requirements. Alyson will have Curt Nielson check the setbacks before the City Council meeting next week. If the RV is not behind the midpoint of the property, the Lemons will need to move their RV to meet the proposed setback requirements. This would modify condition #1– The RV is ~30-40 feet northeast of the existing house and 2 ½ feet from the north property line. Maintain these setbacks.” Condition #2 would remain the same: The RV can stay until October 1, 2024.” Condition #3 refers to Land Use Ordinance Chapter 3.6 H for consequences if any of the conditions are violated. Tyler motions to recommend approval of the conditional use permit for the Vogts if setbacks are met according to Ordinance requirements. Jerime seconds the motion and all vote in favor. The Vogts will need to attend the City Council meeting next month – Heather will contact the Vogts to make sure they understand that they need to attend the City Council meeting on January 18th. She will also get them on the City Council Agenda.
- Next on the Agenda is renewal of a conditional use permit for Joseph and Heather Papenfuss to continue to live in their current home while they finish building their new home on the same property. Heather passes the conditional use permit to Mark and he reads the conditions: 1) Build new house within one year, 2) Abate existing house when new house is finished, 3) May be renewed again. Heather updates the Commission on the progress of the new house and they want to know if they expect to be finished in a year. Heather hopes so. Tyler motions to recommend approval of the conditional use permit for Mr. and Mrs. Papenfuss to the City Council. Jerime seconds the motion and all vote in favor. Heather will get this on the City Council Agenda.
- James and Teri Schiess have come with an application to request a permit to build a house in the Johansen Subdivision. Heather was unable to preview their packet because there was no paperwork turned in a week in advance as required. The Mayor instructed Heather to put them on the Planning Commission Agenda due to a miscommunication of requirements by the City Office staff. Heather passes out the paperwork for the Schiess application. The address of Lot #5 in the Johansen/Big Springs Estate Subdivision is 696 West 200 North. They have listed the E# instead of the serial # – Laura and Jim Beagley managed to enlarge a copy of the plat map showing the serial # 64378. The frontage of the lot is 95.88’ and the depth of the lot is 205.99’ for 0.455 acre (exceeding the 90’ minimum frontage, 100’ depth minimum, and meeting the 0.455-acre minimum). The Schiesses have staked out where their house is planned and Curt has already checked off their setbacks as 30 ½’ on the front/north (exceeding the 25’ minimum towards 200 North), 16’ on the rear/south (exceeding the 12′ fire safety minimum), 28’10” on the west side (exceeding the 12’ minimum), and 25’ on the east side (exceeding the 12’ minimum). The stick-built house will measure 42’x46’ for 1848 sq.ft. (exceeding the 24’ width minimum and 960 sq.ft. minimum). There is no basement or second floor and the garage measures 26’x38’ for 1008 sq.ft. The garage is attached to the house by a 14’x16’ breezeway. The setbacks for the garage are 16’ on the front/north towards the house (exceeding the 12’ fire safety minimum), 79’4” on the rear/south (exceeding the 25’ minimum), 40’10” on the west side, and 27’ on the east side (exceeding the 12’ minimum). The eave heights are approximately 9’ on both structures (much less than the 21’ maximum allowed). City Recorder Michelle has signed on the application form for payment of fees, Fire Chief Todd Robinson and Irrigation Master Greg Johnson have signed the application form and building plans. Public Works Supervisor Curt Nielson has signed on the application form for water and sewer available on 200 North. Jerime motions to approve the permit for Mr. and Mrs. Schiess to build a home and attached garage in the Johansen Subdivision as described above. Tyler seconds the motion and all voted in favor. The Commission reminds Mr. and Mrs. Schiess to take their City permit and plans to the County for their permit.
- Ryan and Kristiena Yorgason have come with questions about requirements for building a retaining wall on their new property at 275 North 100 West. Tyler looks up the requirements in Chapter 11. The Yorgasons also would like to know the procedure for applying for a permit to bring in a shipping container and the Commission explains the requirements for a plat map (or other proof of ownership), plot plan, and application turned in to the City Office a week in advance of the Planning Commission meeting.
- Mark asks if there is anything else on the Agenda and Heather reports that there was one other conditional use permit that has not been reviewed – Brady Walker’s. He originally applied for a conditional use permit to allow him to build a shop for his business in the Residential Agriculture (RA) Zone without having to build a house first. The Ordinances require a Home Occupation Permit for operating a business in the RA Zone, but the owner of the business must have a house on the property as well. He explained that he was planning to build a house in a few years. The City Council granted the conditional use permit, but Mr. Walker has not built the house or even begun the process of applying for a permit to build a house. Rod Hanson has talked with Mr. Walker and feels that the economy and changes in plans for the business have prevented Mr. Walker from building a house. He explains that he has been in the “shop” and it is really 85% personal items. Mr. Walker has not acquired the business that he planned for yet. He works for his father in his business and stores some of the business supplies in the “shop”. Mr. Hanson feels that since it is not mainly used for the business, Mr. Walker doesn’t need a conditional use permit. Tyler questions if there are other properties in the City that have a “shop/garage” on site without a house and members of the Commission can easily think of at least three others, but they did not apply for a conditional use permit for a business “shop” at the time they applied for their permits and they are not uses as a business “shop”. Tyler asks if the Ordinances prohibit the building of a “shop/garage” on a property in the RA Zone without a house on the lot. Mark suggests that the Commission should research the Ordinances to answer this question. Aimee points out that Mr. Walker’s intent was to use the shop as part of a business and if circumstances have changed, he should officially state his change in plans and intent. Curt offers to talk to Mr. Walker or invite him to come to the City Council meeting next week to discuss the expired conditional use permit and his intent/plans. Alyson thinks the conditional use permit should be considered null and void, but the Ordinances require that the conditional use permit be revoked if any of the conditions are violated. Rod and Alyson think revocation amounts to the same thing as a null and void permit and that is probably why Mr. Walker has not come to the Planning Commission to discuss his conditional use permit. Tyler suggests that research of the Ordinance question should be completed before talking to Mr. Walker and Mark assigns Tyler to research the issue. Laura has just finished typing in the Ordinances and has not seen any prohibition on any type of building in the RA Zone without a house on the property. She also reports that as soon as the proposed changes to the Ordinances have been approved by the City Council, she will be able to provide new Ordinance books to everyone on the Planning Commission.
- Brent and Jim would like to know how they are supposed to get the required 4 hours of training that they have seen referenced on the State website. They ask if reading the book that was handed out to everyone tonight (“Ground Rules: Handbook to Utah Land Use Regulation”) would count towards that training. Heather explains that the 6 County Association of Governments and the League of Cities & Towns hold training sessions each year for training purposes and she will notify everyone of any upcoming sessions. Alyson reports that the Mayor is on his way from his Mayors’ meeting to address the Planning Commission. She introduces Jake Littlefield as the new City Council representative to the Planning Commission – he will be sworn in next week.
- Mayor Mark and his wife, Karla Coombs, arrive at 8:55 pm.
- Tyler and Curt have been reading Chapter 4 and ask if alternates are allowed to vote at times other than to fill a quorum as explained in Chapter 4? Also, what constitutes a quorum? Alyson worries that alternates might vote on a divisive issue and pull the outcome without enough experience or knowledge of the Ordinances, but others feel that the Commission discusses issues and explains historical issues well enough before voting that this wouldn’t be a problem. To help address these questions, Mark turns the time over to the Mayor.
- The Mayor thanks everyone for their service and encourages all to read the Ordinances and the “Ground Rules: Handbook to Utah Land Use Regulation”. He also recommends “Powers & Duties” available from the 6 County Association of Governments. Laura will get them for us. The Mayor reports that the League of Cities & Towns reports changes made by the Utah legislature each Friday on-line. They also have training on-line and answer questions by phone or email for free. The next Regional Training Meeting to be presented by the 6 County Association is to be offered May 21, 2024 in Richfield at 5 pm. They offer these Training Meetings twice per year with breakout sessions. The Mayor encourages everyone to attend and the City will pay mileage. He explains the procedure for reporting violations: report to the City Council and they will decide what if any action needs to be taken and will assign the Ordinance Enforcement Officer, Amy Morgan, to follow their directions. The Mayor stresses that the Planning Commission meetings are not a forum for discussing or belittling the City Council – we are a team. Any badmouthing of the City Council will be grounds for immediate expulsion from the Planning Commission. He explains that the Courts always (100% of the time) decide in favor of the landowner if there is any question interpreting the Ordinances. He reminds the Commission members that they can contact the League of Cities & Towns anytime by phone or email for answers to their questions for free.
- Mark reminds the Commission members that they tabled discussion of the 3 ½’ solid fence height within the line-of-sight triangle. Jerime reports that he just checked Home Depot’s website and fencing is available in 3’ heights. The Commission decides that now is a good time to change the Ordinance to come into line with the State requirement of 3’. Heather brings up discussion of the “fire lane” requirement of 12’ between structures “on adjoining properties” and explains that some structures have been built on or 2’ from the property line. To maintain the 12’ fire safety minimum between structures on adjoining properties, she feels that “on adjoining properties” should not be struck out. Mark feels that there has been enough discussion of the issue and maintains that it should be struck out.
- Jerime motions to adjourn the meeting. Jim seconds the motion and all vote in favor. The meeting adjourns at 9:17 pm.