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So I'm here but. 00:00:00
I don't think we need him for. 00:00:04
The work meeting, do we? 00:00:06
OK. 00:00:08
All right, then. We'll go ahead and get started here. This is Commissioner Roach. It is October. 00:00:09
10th 2023 We'll get our work meeting started. In attendance is Commissioner Gong, Commissioner Cunningham. 00:00:15
Commissioner Wilchinski and myself excused is Commissioner Banks font and prints. 00:00:22
And with that, we have two items on our agenda tonight, both for public hearing. One is a conditional use permit and the other is 00:00:28
a PUD. 00:00:33
Plat amendment. So with that. 00:00:38
We will ask city staff. 00:00:42
To go ahead and kick us off and let us know what's going on with these. 00:00:46
Hey, I'm just making sure we've got a recording going here. 00:00:51
I should have checked that first. 00:00:56
OK, we're all set. Cool. 00:01:03
OK, so first item is it will be a public hearing for a conditional use permit for an accessory building footprint size. 00:01:05
City of Holiday Code allows for guest houses on properties that are half an acre or larger. The property in question is 1.22 acres 00:01:15
would then be eligible for a permitted guest House of 2000 square feet. 00:01:23
This guesthouse is, I think it was just over 3000 square feet. The footprint does involve the front porch and back patio. The site 00:01:31
plan doesn't call those out in the square footage, but I did measure bills and those are included in the square footage in the 00:01:37
staff report. So that's where the 3000 square feet is coming from. 00:01:43
To include the covered back porch and the covered front porch. 00:01:49
Um. 00:01:55
The. 00:01:56
So since that is larger than the permitted size, it's thus A conditional use and the Planning Commission can then engage with the 00:01:58
applicant as to what conditions can be imposed on that. 00:02:04
Allowance of a guesthouse that's larger than the permitted size. 00:02:11
Any questions on that one? 00:02:17
And the the prop or the unit that's being proposed there without the covered sections included, is still in excess of the 2000 00:02:20
allowed, is that right? Yep. The interior living space I think is designated as. 00:02:28
21 zero square feet and then the garage is 622 square feet. 00:02:36
And is it standard to include the? 00:02:45
Covered porches and patios as part of the square footage, yes. Anywhere where there is ground contact, from a roof structure down 00:02:47
to the ground. So where you have columns on porches, columns on back patios, that's all part of the structure. 00:02:54
Ohh OK. 00:03:02
Any other questions on this one? 00:03:07
And all of you got the updated tree removal plan that identifies the trees. That would be something that you can discuss with the 00:03:09
applicant as well. 00:03:13
OK. 00:03:20
Any other questions, we're going to move on to #2. 00:03:21
Looks like it OK. 00:03:24
#2 This is revising a PUD for the Woods planned Unit development. 00:03:26
It involves. 00:03:34
Modifying the conditional use language to expand the building area identified in the planned Unit development, which would then be 00:03:36
recorded onto the Plat. 00:03:41
Planned unit developments are conditional uses. As we work through those, you know we're typically looking at building areas and 00:03:47
those have to be designated on a plat. 00:03:52
It's a condition of the use as a plant. Use is to have specific building areas or. 00:03:57
Places that are designated where buildings are allowed. 00:04:05
This plat or this PUD wasn't ever didn't have a larger building area. 00:04:08
Um, outlined on it. So we are. 00:04:16
The proposals to add that onto the plat and the PUD. 00:04:20
Could you help us with the role of the HOA in this issue? I know it's not our purview to get involved with design issues and the 00:04:28
cottage issue and all that, but. 00:04:35
Does the HOA have any standing? 00:04:42
To object to the Plat amendment. 00:04:45
And Brad can weigh in on this one, but HOA's don't have any say over regulations or standards that are allowed within city code. 00:04:49
Just like city code can't override state code, HOA's can't override city code, so accessory buildings are a allowed land use. 00:04:58
The lot area is large enough to allow an accessory building. The plot just has to be amended to identify that space within the 00:05:09
PUD. 00:05:13
Nothing really to add as far. Well, the HOA they. 00:05:23
As long as it's not violating any of the CC and R's, I mean they have their. 00:05:27
You know covenants are run with the land there and unless that's. 00:05:32
Violating those. 00:05:35
But we don't verify that if the. 00:05:38
We don't go through and look at that. Does this violate the CC and R's on this particular property? 00:05:41
That's a private contract matter. So if somebody the HOA or somebody within the HOA, a member of the HOA would have to. 00:05:46
Enforce that. 00:05:53
So. 00:05:54
And we wouldn't also put any buildable area within a public utility easements and that's pretty standard on any lot. 00:05:58
You can't build structures within a utility easement. 00:06:06
This is for a. 00:06:12
New structure. This isn't like an Adu accessory or anything. This is like for an individual new structure. New lot right within an 00:06:14
accessory structure, right? 00:06:19
So since the PUD doesn't have this. 00:06:25
Second area identified explicitly as a buildable area. 00:06:28
So you have building envelopes. It was. 00:06:33
On the original PUD and PLAT it was outlined this. 00:06:37
Front part. 00:06:41
So we need to admit it to. 00:06:43
Create a building area on this second part on the other side of this. 00:06:46
Easement, which is where a ditch is. 00:06:51
So they can't build within the easement where the ditch is. 00:06:53
Adding this to the building area, there wasn't any requirements. 00:06:57
In the PUD for open space that that area is meeting. 00:07:02
So there's not any issues with. 00:07:07
Identifying additional building area. 00:07:11
In one of the. 00:07:15
I think this is the owner's letter, they said. 00:07:17
There. 00:07:20
They're building the accessory unit and then they're going to vacate their current home. 00:07:21
And demolish the original structure. So does that mean that there are going to be eventually two houses there or they're moving 00:07:25
completely? 00:07:29
So we'll be like an accessory dwelling unit if. 00:07:33
Because they'll be creating a dwelling unit in that accessory structure that they will then live in, and then building a new house 00:07:37
so that. But it won't be two separate houses that are separate single family dwelling houses. It's an accessory. 00:07:45
To the main unit, Got it. So they're going to live in the. 00:07:54
Adu for, however, wants to build the house, but then it will still be an Adu one. Yes? Yeah, and that is a pretty common thing 00:07:56
that we have with building permits. A lot of applicants will first construct an accessory unit and live in that while they. 00:08:04
Tear down rebuild a a main house. 00:08:12
And can you say again what you said about the the easement for is it like a little stream bed right there? 00:08:15
Yes. So this area that's right down the middle of Lot 1. So Lot 1 is this. 00:08:22
Whole area from I, let's see, 6200 S. 00:08:28
And then I think it goes east. 00:08:34
So the property line is here. 00:08:35
Sorry, the TV's go out sometimes. 00:08:38
Their whole lot is this, but it has this ditch across the middle of it that bisects it. But it's not a boundary of any sort. It's 00:08:42
just an easement they can't build within that easement. 00:08:49
Because it's an irrigation ditch. 00:08:56
OK. So the the AU is going to be over there, It's not? 00:08:58
Racing with them, yeah, it's going to be in this second. 00:09:01
Area over here. 00:09:04
And then of course would have to meet all standards. 00:09:07
With setbacks and height restrictions that are for accessory buildings. 00:09:10
And same thing, they could come back if they wanted to have a building that's larger than it is permitted. A larger footprints are 00:09:17
a conditional use, so they would have to come back for a conditional use for anything larger than what is permitted. 00:09:23
And at this time, they're just essentially looking for an amendment to the existing PUD so they can build their. 00:09:31
Right. Guest house that will be their residence where they rebuild the new one, right? 00:09:37
OK. 00:09:42
As a practical. 00:09:44
They have a couple. 00:09:46
Right. 00:09:53
Yes. So currently there's a, there's two shipping containers with a roof structure over it that is housing construction materials 00:09:54
and equipment. 00:09:59
Those are temporary uses incidental to the construction. 00:10:04
Kind of the staging that. 00:10:10
Is tied to this application. So it's kind of this multi stage process that because they submitted this application, the director 00:10:14
has okayed a temporary structure and it's not a permanent structure. There's not any foundation, it is. 00:10:22
Buildings or trailers that are parked on the. 00:10:32
On the land. 00:10:35
Which they're not living in. 00:10:37
Right. And they're not living in those. 00:10:38
Not that I imagine anyone would want to. OK, any additional questions on either of these? 00:10:43
And is approving its. 00:10:49
The. 00:10:51
Lot change. 00:10:52
Does that automatically approve future uses of the Adu as a? 00:10:54
No. So, so you're what you're changing is the conditions of the planned unit development. 00:11:00
And the conditions being the buildable area that's identified on the plat. 00:11:07
So you're just creating, if you were to approve it, you're creating a buildable area or a building envelope where an accessory 00:11:12
structure could in the future be built. 00:11:17
OK. 00:11:23
You know there's. 00:11:27
OK. 00:11:29
Perfect. Thank you very much, Kerry, for that. Yeah, one one thing, just a reminder, because there's only four members of the 00:11:30
Planning Commission. In order to have a successful vote, it has to be unanimous. 00:11:36
Otherwise you don't have. 00:11:43
You don't have a passing boat. 00:11:46
You've got to have a majority of, not a majority of those present. You have to have a majority of the Planning Commission. 00:11:47
So that would you do have that but? 00:11:52
Have to have 448 votes in order to pass any motions? Yep. For anything to pass, it has to have. It has to be unanimous tonight, 00:11:54
because there's only four of you. 00:11:58
Thank you for. 00:12:03
The reminder, Brad, appreciate it. 00:12:04
All right. With that, we'll go ahead and close the work meeting. 00:12:06
I'm the president of the HOA. 00:12:13
Work as well. 00:12:16
OK. We're going to have a public hearing on that when we get to that item on there. So we'll definitely invite you up to to make 00:12:17
comments. So appreciate it. Thank you. 00:12:22
All right. And with that, does anyone need a break before we move right into the official start? Everybody good? All right, 00:12:28
Fantastic. 00:12:32
So with that, we'll go ahead and get started. 00:12:36
This is Chair Roach and we have in attendance Commissioner Gong, Commissioner Gunningham and Commissioner Vichinsky. 00:12:40
Excuse denied as Commissioner Banks font and prints. 00:12:48
And, as Council mentioned, any motions to pass must have unanimous of the four present. 00:12:52
We have two different. 00:13:00
Items on our agenda tonight. 00:13:02
For public hearing. 00:13:05
And we will invite Members to come up at that time when those are ready to go and we do have a statement that we read at the 00:13:07
beginning of all meetings and I have asked Commissioner gone. 00:13:12
To go ahead and read that for us. 00:13:16
OK, the City of Holiday Planning Commission is a volunteer citizen board whose function is to review land use plans and other 00:13:20
special studies. 00:13:23
Make recommendations to the City Council and proposed zoning map and ordinance changes and approve conditional uses and 00:13:27
subdivisions. 00:13:30
The Planning Commission does not initiate land use applications, rather acts on applications as they are submitted. 00:13:34
Commissioners do not meet with applications with applicants except as publicly at publicly noticed meetings. 00:13:40
Commissioners attempt to visit every property on the agenda where the location, the nature of the neighborhood, existing 00:13:46
structures and uses related to the proposed change are noted. 00:13:50
Decisions are based on observations, recommendations from the professional planning staff, the city's general plan, zoning 00:13:55
ordinance and other reports by all verbal and written comments. 00:13:59
And by evidence submitted, all of which are part of the public record. 00:14:05
Thank you very much, Commissioner Gong. 00:14:08
And with that, we will. 00:14:10
Get started. And just as we kind of roll into each item before we get into the public hearing, we'll have a staff report. We'll 00:14:12
invite the applicant to come up and add any additional information that needs to be. 00:14:18
Presented and commissioners will be able to ask the applicant any questions. We'll then open the public hearing. I do see we have 00:14:25
looks like a couple visitors with us tonight that might not be directly associated with the applicants and if that is the case. 00:14:31
When you do come up, please state your name and address for the record and try and keep your comments. 00:14:38
As brief to the point as possible, and if you're. 00:14:43
Also, following someone who's made comments on something, please try not to restate the same things and over reiterate the same 00:14:46
points. 00:14:50
And so with that, the first item that we have on our agenda tonight is the conditional use permit for an accessory building 00:14:54
footprint size located at 5176 Cottonwood Lane. 00:14:59
And if we can ask our staff. 00:15:05
This is March to come up and let us know what's going on with that. 00:15:09
Thank you, Commissioner Roche. 00:15:24
So this application is for conditional use for a guest house located at. 00:15:26
5176 S Cottonwood Lane. It's on a 1.22 acre property. 00:15:35
Being over one acre. 00:15:41
Permitted guesthouse size is 2000 square feet. 00:15:44
They're proposing roughly 3016 square square feet. That includes the living space, the garage, covered porches and patios. 00:15:47
Um. 00:15:57
The. 00:15:58
Conditions. 00:15:59
Can be based off of the size of the property and the Planning Commission can look at the site plan proposed trees being removed. 00:16:03
Engineering has looked at the site and found that it. 00:16:11
You know the location of the driveway is appropriate. Setbacks are appropriate for a accessory building there. I think those 00:16:16
minimum setbacks for an accessory building are 13 feet. 00:16:22
And proposed is 15 feet. 00:16:28
And. 00:16:31
And. 00:16:32
Yes, I will have the applicant come up and they can talk about their project a little bit more. 00:16:34
OK. 00:16:39
Thank you very much. 00:16:40
And with that, we'll go ahead and ask if the applicant is here. It looks like Mikes Spainhower is the representing property owner. 00:16:41
If you'll state your name and address and let us know what's going on. 00:16:51
Might explain however. 00:16:56
2682 W 9435 S South Jordan. 00:16:59
Representing the applicant or the. 00:17:03
Property owner. 00:17:06
So this unit, the livable space, is 2100 square feet. But then we quit the garage and then the porch and the. 00:17:08
Back patio. 00:17:17
It increased to just nearly 3000 square feet, so. 00:17:19
Needed to go through this conditional use for this approval. 00:17:23
I just if you have any other questions, I'm happy to. 00:17:28
Help. 00:17:31
Answer if I. 00:17:32
Me, OK? 00:17:34
One thought just. 00:17:38
The. 00:17:39
Because of the. 00:17:40
Condition. 00:17:41
They. 00:17:43
Using this. 00:17:43
Postal. 00:17:45
Any. 00:17:53
I I don't think so. Maybe Carrie can speak to that a little bit better. They usually have a marked B. 00:17:56
Addressed but coming from a different street, I think it just. 00:18:05
Remains the primary address. 00:18:09
Right. Anytime we have an accessory unit, it is addressed with the same as the main living unit with the addition of unit B. 00:18:12
This is Commissioner Roche. 00:18:24
Did want to ask about the trees and the canopy sustainability. I noticed in a site visit earlier. It looks like the. 00:18:26
Main tree being proposed for removal along that driveway is a very large Cottonwood tree. 00:18:37
That appears to to, you know, still be in in good health as I was just curious if there's a reason why. 00:18:45
You know, being in a Tree City, USA, we obviously want to protect our large, stately trees as much as possible. Why? It wasn't 00:18:54
being looked at to perhaps be moved over to the northeast corner where it looks like there's already an accessible gate entry onto 00:18:59
the property, right? They're running along the same Rd. 00:19:05
Yeah. And that discussion has come up the the primary reason for the location of the Adu is. 00:19:12
So the view from their primary. 00:19:20
Residents still captures the mountains and so you have this nice home here. 00:19:23
On this nice property and with with mountain views and so the idea is to maintain that. 00:19:31
Great view to Mount Olympus through this corridor to the. 00:19:40
North of the building and so the the. 00:19:44
The. 00:19:48
Structure is pushed South. 00:19:49
So that. 00:19:52
That view corridor will be maintained. 00:19:54
And then it's kind of, it's kind of away from all the most of the traffic as well you have traffic at the corner. 00:19:58
And so this hides the Adu more in that corner with the. With the the trees are lined along that property line on both sides. 00:20:05
So it kind of. 00:20:15
Snugs it into the. 00:20:16
Existing trees that are there. 00:20:19
OK. And is there a plan, I didn't see it in what was submitted and perhaps I overlooked it, but is there a plan and and replacing 00:20:22
that lost canopy from those large trees that will be taken out of place there? 00:20:28
Yeah. So there's new trees labeled there, I think, yeah. Her, her mouse is hovering over those areas right there, so. 00:20:35
So basically right now we think 5 trees will need to be removed and that's really basically because of the driveway. 00:20:43
And one in the garage area and so 5 trees are just. 00:20:51
Proposed to be on that. 00:20:56
North side to a further secluded. 00:20:58
And not have it be a nuisance for passer bys. 00:21:01
And with those new trees, they'll be matching the canopy at maturity and compliance with the code. Yeah, obviously not 00:21:05
immediately. Yeah, it's nice as it would be to require you to pay $80,000 to relocate a large cotton. What? I don't think that's 00:21:10
viable, so for sure. 00:21:15
All right. 00:21:21
Commissioners, any other questions for the applicant at this time? 00:21:23
All right. We'll go ahead and invite you to sit down. And OK, then we will move to open the public hearing on this. And again, 00:21:27
this is for the property of 5176 Cottonwood Lane, if there is any members of the public here that would like to. 00:21:34
Make comment on this. You're welcome to come up at this time. Just please state your name and address for the record. 00:21:41
Does not look like anybody is here for comment on this. So with that we'll go ahead and. 00:21:50
Close the public hearing. 00:21:57
And with that, Commissioners, we'll go ahead and discuss. 00:21:59
The application. 00:22:05
So. 00:22:06
Commissioner, coming home. Any thoughts? 00:22:07
I go back to. 00:22:10
She. 00:22:11
Hmm. 00:22:36
As long as you say. 00:22:41
Down the trees. 00:22:42
Not allowed. 00:22:50
OK. 00:22:52
Mr. Bilinski. 00:22:54
And. 00:22:57
Going over the. 00:22:57
Report and. 00:22:59
Hearing what has been said. 00:23:00
I don't think there's anything that would prevent us from. 00:23:02
Forward. 00:23:06
On the. 00:23:06
Mission gone. 00:23:08
I guess my question is and this may sound silly but. 00:23:15
Why is it so big? So the limit is 2000 feet. This is a little bit more than 3000 feet. Is there a reason it couldn't be 2000 feet? 00:23:18
It's and it's probably just, you know. 00:23:23
They want it to be nice. They want it to be big. 00:23:28
So it doesn't seem in itself a question. 00:23:32
A problem, but my question is just. 00:23:35
If the rule is 2000. 00:23:38
Is there? 00:23:40
Compelling reason why it needs It should be allowed to be so much bigger. 00:23:41
And that's a great question, which I believe I had a little bit of discussion with city staff earlier on. And you know, Carrie, 00:23:46
maybe if you want to reiterate that point when I kind of posed that earlier. 00:23:51
Right, so that is what conditions being placed on on a use would be. So in this particular use as a guesthouse, you can place 00:23:58
conditions on it where maybe increasing setbacks beyond what the minimum are Is the intent is to reduce the impact on neighboring 00:24:04
properties. 00:24:11
For their proposal, they've already increased the setbacks beyond what would be required. 00:24:19
So you can take those into account. You can. 00:24:24
See if there's any other conditions that might be reasonable and discuss those with the application or or with the applicant. 00:24:27
Historically, where we where it is a conditional use. 00:24:34
We have permitted or. 00:24:39
Issued conditional use permit. 00:24:41
For accessory buildings that are much larger too. 00:24:44
And some of my understanding also was that. 00:24:51
The the process is in place this way so that it comes before this. 00:24:54
Body for neighbors and those that might have concerns about. 00:25:00
Having a new. 00:25:05
To 3000. 00:25:07
Put structure right up against their property line. 00:25:08
They could come and vent those out if there was concern about it. 00:25:11
Rather than everything just getting approved and then all of a sudden there's a house sitting in their backyard. 00:25:15
So. 00:25:22
That's. 00:25:24
So that's kind of why there's the allowance of the code because that was my first question is why don't they just stick with the 00:25:25
2000 that's in code. But it was to allow that that venting process and that public hearing to give neighbors an opportunity if 00:25:30
there are concerns. 00:25:35
About making an exception to that standardized rule. 00:25:41
Without having to go to, you know. 00:25:44
The City Council and. 00:25:46
Have a multitude of meetings to explain why. 00:25:48
I think for myself the I I am hesitant just because of the large Cottonwood. There's not a lot of large cottonwoods left. 00:25:53
Umm. 00:26:02
But I also look at the long term. I appreciate what they're trying to do and keep the mountain views. I I appreciate the 00:26:03
aesthetics factor. I still don't know for myself why it can't be put say. 00:26:09
10 feet to the West and face the north and have a driveway that just shoots out on the existing. 00:26:15
Gate that's already got an egress to the road there. 00:26:21
But at the same time, I recognize that you know, trees do have a lifespan and when you do, a lot of construction around trees. 00:26:26
The long term viability of some of those larger stately trees may not be. 00:26:33
Um. 00:26:39
Absolutely viable in 10 to 15 years and so would it really be worth? 00:26:41
Requiring or putting constraints on the applicant to move this somewhere else on the property to try and protect some trees that 00:26:46
may not be there in 5 to 10 years after they get done with construction anyway. 00:26:52
So I think as long as they're adhering to the. 00:26:58
Tree canopy ordinance, and they're making sure that they're putting in trees that are going to be large enough to replace that 00:27:02
canopy. It doesn't sound like they're. 00:27:06
Doing this to make the property. 00:27:10
Look worse in any way, or do it for profit. It sounds like it's more for a personal use, and by code it sounds like that's exactly 00:27:13
what it would have to be, for I see no reason why. 00:27:19
We really should not move forward with. 00:27:25
Approval on that but. 00:27:29
I don't want to make the choice for anyone, and unless there's any further discussion, I am inviting the group if anyone wants to 00:27:31
make a motion. 00:27:35
This is Commissioner Cunningham and I move that. 00:27:43
Planning Commission approved the application. 00:27:45
Yes, house size 3016 square feet. 00:27:49
Located at 5176 Cottonwood Lane. 00:27:53
Based upon the findings that one. 00:27:57
Desire structure meets these conditions included in 13. 00:27:59
.08 point 40. 00:28:03
To the proposed building will meet standards and regulations for use as an external drilling unit. 00:28:06
3 The proposed guest house location does not violate setback or lock government. 00:28:11
Property. 00:28:16
For staff has not received objections or concerns. 00:28:18
Written or verbally expressed today concerns. 00:28:21
In addition. 00:28:26
Conditions of approval. 00:28:28
So we. 00:28:31
Does the city take the view that? 00:28:33
This, this spices for the first condition. 00:28:34
So the two conditions of approval the owner applicant shall obtain. 00:28:39
Superman. 00:28:43
For the proposed guest house. 00:28:44
Applicant will comply with all engineering. 00:28:46
Landscaping, Geotechnical reports and utility availability Letter submission requirements. 00:28:49
Before the issue. 00:28:54
We have a motion. Do we have a second? 00:28:59
Commissioner Vichinsky, I second that motion. 00:29:01
All right, there's been. 00:29:04
Seconded. And with that we will call for a vote. We'll start down here, Commissioner Gong. 00:29:06
Aye. 00:29:11
Commissioner Bilinski, hi, Mr. Cunningham. 00:29:12
And Chair Roach votes, aye, so it does pass. 00:29:15
Umm. 00:29:19
And with that? 00:29:20
We look forward to. 00:29:21
Seeing the finished result. 00:29:23
Alright, thank you very much. And with that, we will move to the next item on our agenda, the Woods PUD Plat amendment. It's 6235 00:29:27
S, 2710 E. 00:29:33
And we will invite city staff. 00:29:39
This is Mark to come back up and. 00:29:43
Give us the lowdown on this one. 00:29:45
Thank you, Commissioner Roach. 00:29:54
This application is. 00:29:56
For the It's made by the property owner to amend the conditions of approval for PUD. 00:30:00
Which identifies the building area that is associated with lot 1. 00:30:05
In the woods, PUD. 00:30:10
The Woods Beauty is a Four Lot subdivision. It was created in 2005. 00:30:12
Lot 1 is unique in that there is a drainage easement that bisects the lot on the original plat and in the conditions of the 00:30:18
original PUD. 00:30:22
The building area. 00:30:27
Did not include area that is on one side of that. 00:30:28
Drainage easement. 00:30:33
So. 00:30:35
Accessory buildings are a permitted right within the R143 zone. 00:30:36
As is there is area on the. 00:30:42
On Lot 1 in the subdivision. 00:30:47
There is a deed restriction that prevents subdivision of Lot 1 into an additional LOT. 00:30:49
But that deed is not restricting the building area itself. 00:30:55
And the only thing that is restricting the building area is that it's not identified as a condition in the PUD and is not recorded 00:31:01
on the plat. So that is what the request is for today. 00:31:05
Umm. 00:31:11
A quick discussion on the HOA as well. So there is an HOA that exists within this development. 00:31:14
They do have specific regulations in their CCR's that is the property owners personal responsibility to maintain the legal 00:31:22
restrictions within that. 00:31:27
The HOA, however, does not control permitted land use rights, as an accessory building would be a land use right. 00:31:32
A similar application was. 00:31:41
Done in 2020 on lot #4, same kind of thing where the PUD and PLAT was amended to identify a building area for an accessory 00:31:44
building on log 4. So this application is doing the same thing. 00:31:51
Just on that one. 00:31:59
And I will have the applicant come up and they can explain their proposal just a little more. 00:32:00
Thank you very much. Appreciate it. 00:32:05
And with that, it looks like we have Curtis Calder as the applicant. Is that who's? 00:32:07
Representing today. 00:32:12
Yes, I'm Curtis Calder. My the address is 6235 S, 2710 E and we are a lot 1. 00:32:15
Yeah, same thing as. 00:32:23
Kerry mentioned we like Lot 4 would like to have a. 00:32:25
Detached unit as a guesthouse and a garage, and that's the planned use. That's a. 00:32:29
Very large chunk of our property. 00:32:36
This has always been the plan. We were very open and clear with all members of the HOA. 00:32:38
On the note that is included, some of the information is misrepresented. 00:32:43
It is not. 00:32:48
And again, it may not matter here, but some of the comments by the HOA. 00:32:49
And allowing it and not allowing it, we got approval from the architectural review committee. We followed all the process. 00:32:53
And yeah. 00:32:59
Any. 00:33:01
Questions. 00:33:01
So just a point of clarification is that. 00:33:05
You are within your legal. You're seeking to do this within your legal rights, which would supersede anything the HOA has in 00:33:09
place. But it's also your understanding that. 00:33:14
The HOA already has approved and allowed this based on what was originally submitted or so The HOA doesn't approve this. It's the 00:33:21
Architectural Review Committee. The Architectural Review Committee has approved it. 00:33:27
And so yes, on the legal as you said. 00:33:33
And. 00:33:36
Just clarifying some. 00:33:37
Misrepresentations in the notes. 00:33:39
Since we're only. 00:33:43
You say the architecture. 00:33:50
Improvement. 00:33:52
So no really the the. 00:33:54
Comments and the two attached emails. 00:33:58
For members of the HOA, if that is an issue for you and approving this, I'm just clarifying there are some misrepresentations 00:34:01
there. If need be we can go through that, but as Kerry pointed out. 00:34:06
That's not a part of this legal process. The city is allowing this. The HOA cannot legally prohibit it. 00:34:12
And so I'm just clarifying that. Does that make sense? 00:34:20
I'm trying to understand. 00:34:23
You're right. 00:34:25
The only issue? 00:34:27
Oh, OK. Yeah. Then maybe I don't need to. I just figured if I only have one chance to talk, I'd clarify that. Sorry. Yeah. If I 00:34:30
can come back if needed, then yeah, you're OK. We're all this. So what we're doing, Curtis, is we will have a public hearing. 00:34:37
Anyone of the public is invited to come up and speak. And then if you want, we'll allow a couple minutes for you to come back 00:34:44
after we close the public hearing, just to address any concerns that you're OK. So any other questions? 00:34:51
The applicant at this time. 00:34:59
OK. We'll go ahead and have you sit down. Thank you. 00:35:00
Alright, and with that, we'll go ahead and open up the public hearing again, if you'll just state your name and address for the 00:35:05
record. 00:35:09
And try and be brief and to the point, with your comments limiting to roughly 3 minutes. 00:35:13
And with that? 00:35:19
This now is your time, Sir. 00:35:21
Walked in late and did not realize it at what stage you were within your meeting. So I. 00:35:24
Thought you were about ready to vote and I hadn't had a chance to say anything. No problem. Robert Schaefer. 00:35:29
I'm the I live at 6325 S 2710 E which is lot 3 in the woods. 00:35:34
Soap Hub and was elected president of the. 00:35:41
Of the HOA a couple of years ago. 00:35:45
We're very first of all say we're very happy that the Cauldrons have started their plans for construction. It's. 00:35:47
Been a long time coming and we really look forward to having a house on. 00:35:53
Residents on that lot. 00:35:57
But I must say that the other three members of the HOA are against the the restructuring or the rezoning of this of their plot 00:35:59
largely due to the fact that the magnitude and location of the large building they're planning to put there would destroy the 00:36:07
ambiance of our of our HOA. That large 4200 plus square foot building comes within 15 feet of the entry to our HOA and as a result 00:36:14
the first thing anybody's going to see is a big blank wall as they won't drive into the. 00:36:22
Entrance of the HOA. 00:36:29
And our HOA is. 00:36:32
Will essentially from that point on, will look very different in the eyes of ourselves and everybody else who's there. 00:36:34
We've admonished the callers numerous times over the past two years. 00:36:41
Not to do this and to. 00:36:46
Either shrink it or relocate this building so that it would be fit better within the ambiance of the HOA as well. 00:36:48
Um. 00:36:55
I don't know. We just hope that they'll go back to the drawing board and and refigure how to do this because having. 00:36:59
You come into the gate within 25 feet, there's the driveway and 15 feet from that is. 00:37:06
Is this giant building that's going to be a double story garage that has a blank wall to it. In fact it was very telling that 00:37:11
there. 00:37:16
Their elevation plans showed no elevation for the West facing portion of their lot because they didn't want to show what that 00:37:21
piece looked like. 00:37:24
So with that, I'd just like to say the other three members. 00:37:29
Of the HOA are strongly against this and we would prefer to have them go back to the drawing board. 00:37:32
Thank you very much. Thank you very much for your comments. 00:37:37
I don't have any. 00:37:42
I think we're good. Thank you very much, Robert. Appreciate it. 00:37:43
With that, we'll invite any other members that wish to make comment. 00:37:46
Steve Lezak. 00:37:57
Kodiak America we actually developed. 00:37:59
This piece of property. 00:38:02
I'm sorry Steven, if you just your address real quick. Ohh 2185 E. 00:38:04
383085 S Mill Creek. 00:38:08
Appreciate it. Thank never home. 00:38:12
Yeah. We started this back in 2005. We worked with Alma and Paul. It's been a long process to get 4 lots billed out. 00:38:15
When we started this thing, we ended up having to give 40 feet of the frontage of Lot 1. 00:38:25
Which decreased it from almost A2 acre lot down to the 1.6 for future dedication of widening of 62. 00:38:30
So we lost all that property up front. 00:38:37
We had the big Tanner ditch in the front that has an easement through there, which is now. 00:38:40
Been abandoned, but not really. We have to leave the easement there in case they ever want to use water again. 00:38:45
So that split the property in half. 00:38:51
We always had the plan for a guest house for Lot 1. 00:38:53
Right up front it had the all the utilities are stubbed in for Lot 1. 00:38:58
Water, sewer, electrical, everything is there. 00:39:02
But when the engineer did the final drafting of this, he did the non buildable area on Lot 4. 00:39:06
Which we corrected in 2021. 00:39:12
But for some reason on lot. 00:39:16
One it left was left blank. 00:39:18
So it didn't show the guesthouse on the other side. It doesn't say it's not buildable, it just doesn't show anything. 00:39:22
Over there. So that's what they're trying to get approved today. 00:39:27
We have. 00:39:33
All four lots because they are. 00:39:35
One acre lots can have a guesthouse on them. 00:39:39
Or an accessory building. 00:39:42
In the HOA it says you can have. 00:39:44
An accessory dwelling. 00:39:46
And we've done that on one of the lots, which is lot 4. 00:39:47
There's other issues that will come before you when we come with the planning side of it, but right now we're just trying to get 00:39:53
the properties situated. 00:39:57
So that that conditional use is met with the PUD. 00:40:01
We still own the back access that comes into this subdivision. 00:40:04
And once we're 100% done with all the building in there, we'll turn that over to the HOA. So they'll have two. 00:40:08
Potential access points, or at least an emergency and the main access point. 00:40:14
I can see why they're concerned a little bit with the building up front, but it will be hidden within the trees. 00:40:20
It. 00:40:26
It has a larger garage, smaller. 00:40:27
Living footprint in it than the one that just got passed. 00:40:31
But like we said earlier, we've built way bigger guest houses on smaller lots. 00:40:35
And this one's split up so much it's going to look like a separate. 00:40:41
Lot, but it cannot and will not be separated as a single lot in there. 00:40:45
About any questions. 00:40:54
Commissioners, any questions? 00:40:56
I think. Thank you, Steve. Appreciate your comments. 00:40:58
All right. And I noticed we had a couple other people have walked in here. We are currently in the middle of a public hearing for 00:41:01
the Woods PUD. Is there anyone else in the audience that would like to come forward and make comments? 00:41:07
OK. 00:41:17
With that, we'll close the public hearing. 00:41:18
And. 00:41:20
If the applicant wants to come up and take less than two minutes of time to address any comments, or you can waive that if you 00:41:22
don't feel it's necessary, It's up to you. 00:41:26
OK. OK, we're good. OK, fantastic. So with that then commissioners will turn and come back for discussion. 00:41:36
Any questions or discussion points that you can think of amongst each other? 00:41:44
And this, all we're all we're doing is approving. 00:41:53
Identification of. 00:41:56
Is a matter of right under the ordinance. 00:41:59
Regardless. 00:42:04
Position. 00:42:06
Right belongs to the property. 00:42:08
Yeah, so one of the things that. 00:42:13
Is. 00:42:15
Often comes up in Planning Commission meetings is. 00:42:16
The right to a view, the right to the appearance of things on your neighbors property. 00:42:20
That's not really a right that's recognized in the state of Utah. There are places back east in New York, for one, that you can 00:42:25
buy, view sheds and own the airspace above things and things like that, but. 00:42:30
In Utah, we haven't recognized that, right and so. 00:42:35
You know, regardless of. 00:42:39
The appearance of a building. We're not looking at that anyway. 00:42:42
But what we're looking at is building footprint, but you know one of the things that when you have a building and how it looks. 00:42:46
If you're in an HOA that has, you know, design restrictions. 00:42:54
Than the HOA's responsibilities to enforce that, but as far as the city. 00:42:58
Enforcing how a building is going to look or things like that, unless there's. 00:43:02
Specific areas like the Village holiday village zone has specific. 00:43:07
Design design standards and things like that, but I'm not aware of any design standard that applies in this particular situation. 00:43:12
And that would come later in the process anyway, even if there were. 00:43:19
So this is just as, as Commissioner Cunningham said, we're just looking at the building. 00:43:22
Envelope in the billable area on this particular lot and that's the only thing that's before the Planning Commission tonight. 00:43:27
Perfect. 00:43:34
Good clarification. Thank you. Commissioner Gong, did you have anything? No, that makes sense. We just the scope of what we're 00:43:35
doing. It sounds like there are concerns about. 00:43:39
What it will look like, but that's not that's not before the the committee today. 00:43:43
Correct. 00:43:47
Right, Commissioner Gang, That would be addressed at the point of a conditional use permit, similar to the first item on our 00:43:47
agenda. Guesthouse larger than the permitted size is a conditional use and would be reviewed by Planning Commission. 00:43:53
Perfect. 00:44:01
Alright. 00:44:01
So with that, unless there's any other discussion. 00:44:03
I guess just. 00:44:06
A question about. 00:44:08
I don't know a lot about the the easement or the ditch or anything like that. Is any building or changing the the building 00:44:10
envelope going to affect water quality or potential contaminants into something that's draining into something else? 00:44:16
Typically those sorts of things are looked at with the city engineer, so when they're presenting their building plans, we do have 00:44:23
water management or irrigation agreements anytime the A. 00:44:30
Building is proposed within a certain distance of an irrigation area so that those plans are reviewed with the irrigation or ditch 00:44:38
management company and they have to sign off on those. 00:44:43
So we do have a process where that is overseen and is part of the process, but it's later in the, I mean, right, That is part of 00:44:48
the actual proposal that we're building. Yeah. So today it's just. 00:44:54
The total buildable area that's on a parcel within the PUD. 00:44:59
Can we build it? Yes, we can. I don't know. Maybe so. 00:45:07
Alright. 00:45:10
When? 00:45:12
Yeah. 00:45:13
And I would. 00:45:15
That's completely up to the chair. 00:45:22
You know, I've got a few minutes. Sure, why not? We'll go ahead and reopen the public hearing and allow Mr. Schafer an 00:45:26
opportunity. 00:45:29
We appreciate that very much. It's not this. 00:45:32
It's not. 00:45:35
The it's the location of the building. 00:45:36
That's really of concern to us because it's so close to the road. 00:45:39
We can talk about what its design looks like and that sort of thing later, but the location is what really bothers everybody else 00:45:43
in the HOA. 00:45:46
Because it is. 00:45:50
Obstruction as soon as you come into the HOA. 00:45:51
And it's not going to be a pretty obstruction. Thank you. 00:45:55
While you're. 00:45:58
Sure. 00:46:00
City. 00:46:01
Indicated that. 00:46:02
This area is not considered open space. 00:46:04
Is that correct? 00:46:08
This is not common area within the HOA, no. 00:46:09
Thank you. 00:46:15
Alright, and with that, we'll reclose the public hearing. 00:46:16
And um. 00:46:21
My thoughts on it, is it it sounds like. 00:46:24
From. 00:46:27
Both city staff and from the the second comment that we had that this was intended to have. 00:46:28
That building footprint put in there. I understand the the concerns about aesthetics, but at the same time when the PUD was 00:46:35
originally written. 00:46:40
With the setbacks in mind, it sounds like, you know, however close or far it was from roads, et cetera, was already kind of taken 00:46:45
in consideration with that process. 00:46:50
And this is simply just amending that original agreement to. 00:46:55
Make sure that that footprint is allowed to. 00:46:58
Move forward on. 00:47:02
Is my my take on that So any other thoughts? Or is someone ready to make a motion on this? 00:47:04
This is. 00:47:09
Commissioner Vichinsky. 00:47:10
I'm ready to go ahead and make a motion to approve. 00:47:12
The amended plat for the Wood subdivision, Amendment #2. 00:47:16
A residential subdivision in the R143 zone. 00:47:20
Upon finding that the subdivision. 00:47:23
Complies with the R143. 00:47:28
Zone. 00:47:31
That no new property lot. 00:47:33
Or right away will be created by the amendment. 00:47:35
The area is not considered open space within the PUD. 00:47:38
And the buildable area for an accessory building is located outside of all utility and common area easement. 00:47:42
OK, have a motion. Do we have a second? 00:47:51
Commissioner. 00:47:54
2nd. 00:47:55
Right. We don't have the motion and it has been seconded. So we will call for a vote and we'll start on this side this time, Paul 00:47:56
or excuse me, Commissioner Cunningham. 00:48:00
Mr. Bilinski, Commissioner Gong. 00:48:05
Aye, and Chair Roach votes aye, and so it is unanimous and approved. 00:48:08
And with that, I do not see that we have any other items on our agenda. 00:48:17
And. 00:48:23
Wood. 00:48:24
Go ahead and on behalf of everyone, make a motion to adjourn. 00:48:26
2nd that motion. 00:48:29
Meeting adjourned. Thank you very much. 00:48:31

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So I'm here but. 00:00:00
I don't think we need him for. 00:00:04
The work meeting, do we? 00:00:06
OK. 00:00:08
All right, then. We'll go ahead and get started here. This is Commissioner Roach. It is October. 00:00:09
10th 2023 We'll get our work meeting started. In attendance is Commissioner Gong, Commissioner Cunningham. 00:00:15
Commissioner Wilchinski and myself excused is Commissioner Banks font and prints. 00:00:22
And with that, we have two items on our agenda tonight, both for public hearing. One is a conditional use permit and the other is 00:00:28
a PUD. 00:00:33
Plat amendment. So with that. 00:00:38
We will ask city staff. 00:00:42
To go ahead and kick us off and let us know what's going on with these. 00:00:46
Hey, I'm just making sure we've got a recording going here. 00:00:51
I should have checked that first. 00:00:56
OK, we're all set. Cool. 00:01:03
OK, so first item is it will be a public hearing for a conditional use permit for an accessory building footprint size. 00:01:05
City of Holiday Code allows for guest houses on properties that are half an acre or larger. The property in question is 1.22 acres 00:01:15
would then be eligible for a permitted guest House of 2000 square feet. 00:01:23
This guesthouse is, I think it was just over 3000 square feet. The footprint does involve the front porch and back patio. The site 00:01:31
plan doesn't call those out in the square footage, but I did measure bills and those are included in the square footage in the 00:01:37
staff report. So that's where the 3000 square feet is coming from. 00:01:43
To include the covered back porch and the covered front porch. 00:01:49
Um. 00:01:55
The. 00:01:56
So since that is larger than the permitted size, it's thus A conditional use and the Planning Commission can then engage with the 00:01:58
applicant as to what conditions can be imposed on that. 00:02:04
Allowance of a guesthouse that's larger than the permitted size. 00:02:11
Any questions on that one? 00:02:17
And the the prop or the unit that's being proposed there without the covered sections included, is still in excess of the 2000 00:02:20
allowed, is that right? Yep. The interior living space I think is designated as. 00:02:28
21 zero square feet and then the garage is 622 square feet. 00:02:36
And is it standard to include the? 00:02:45
Covered porches and patios as part of the square footage, yes. Anywhere where there is ground contact, from a roof structure down 00:02:47
to the ground. So where you have columns on porches, columns on back patios, that's all part of the structure. 00:02:54
Ohh OK. 00:03:02
Any other questions on this one? 00:03:07
And all of you got the updated tree removal plan that identifies the trees. That would be something that you can discuss with the 00:03:09
applicant as well. 00:03:13
OK. 00:03:20
Any other questions, we're going to move on to #2. 00:03:21
Looks like it OK. 00:03:24
#2 This is revising a PUD for the Woods planned Unit development. 00:03:26
It involves. 00:03:34
Modifying the conditional use language to expand the building area identified in the planned Unit development, which would then be 00:03:36
recorded onto the Plat. 00:03:41
Planned unit developments are conditional uses. As we work through those, you know we're typically looking at building areas and 00:03:47
those have to be designated on a plat. 00:03:52
It's a condition of the use as a plant. Use is to have specific building areas or. 00:03:57
Places that are designated where buildings are allowed. 00:04:05
This plat or this PUD wasn't ever didn't have a larger building area. 00:04:08
Um, outlined on it. So we are. 00:04:16
The proposals to add that onto the plat and the PUD. 00:04:20
Could you help us with the role of the HOA in this issue? I know it's not our purview to get involved with design issues and the 00:04:28
cottage issue and all that, but. 00:04:35
Does the HOA have any standing? 00:04:42
To object to the Plat amendment. 00:04:45
And Brad can weigh in on this one, but HOA's don't have any say over regulations or standards that are allowed within city code. 00:04:49
Just like city code can't override state code, HOA's can't override city code, so accessory buildings are a allowed land use. 00:04:58
The lot area is large enough to allow an accessory building. The plot just has to be amended to identify that space within the 00:05:09
PUD. 00:05:13
Nothing really to add as far. Well, the HOA they. 00:05:23
As long as it's not violating any of the CC and R's, I mean they have their. 00:05:27
You know covenants are run with the land there and unless that's. 00:05:32
Violating those. 00:05:35
But we don't verify that if the. 00:05:38
We don't go through and look at that. Does this violate the CC and R's on this particular property? 00:05:41
That's a private contract matter. So if somebody the HOA or somebody within the HOA, a member of the HOA would have to. 00:05:46
Enforce that. 00:05:53
So. 00:05:54
And we wouldn't also put any buildable area within a public utility easements and that's pretty standard on any lot. 00:05:58
You can't build structures within a utility easement. 00:06:06
This is for a. 00:06:12
New structure. This isn't like an Adu accessory or anything. This is like for an individual new structure. New lot right within an 00:06:14
accessory structure, right? 00:06:19
So since the PUD doesn't have this. 00:06:25
Second area identified explicitly as a buildable area. 00:06:28
So you have building envelopes. It was. 00:06:33
On the original PUD and PLAT it was outlined this. 00:06:37
Front part. 00:06:41
So we need to admit it to. 00:06:43
Create a building area on this second part on the other side of this. 00:06:46
Easement, which is where a ditch is. 00:06:51
So they can't build within the easement where the ditch is. 00:06:53
Adding this to the building area, there wasn't any requirements. 00:06:57
In the PUD for open space that that area is meeting. 00:07:02
So there's not any issues with. 00:07:07
Identifying additional building area. 00:07:11
In one of the. 00:07:15
I think this is the owner's letter, they said. 00:07:17
There. 00:07:20
They're building the accessory unit and then they're going to vacate their current home. 00:07:21
And demolish the original structure. So does that mean that there are going to be eventually two houses there or they're moving 00:07:25
completely? 00:07:29
So we'll be like an accessory dwelling unit if. 00:07:33
Because they'll be creating a dwelling unit in that accessory structure that they will then live in, and then building a new house 00:07:37
so that. But it won't be two separate houses that are separate single family dwelling houses. It's an accessory. 00:07:45
To the main unit, Got it. So they're going to live in the. 00:07:54
Adu for, however, wants to build the house, but then it will still be an Adu one. Yes? Yeah, and that is a pretty common thing 00:07:56
that we have with building permits. A lot of applicants will first construct an accessory unit and live in that while they. 00:08:04
Tear down rebuild a a main house. 00:08:12
And can you say again what you said about the the easement for is it like a little stream bed right there? 00:08:15
Yes. So this area that's right down the middle of Lot 1. So Lot 1 is this. 00:08:22
Whole area from I, let's see, 6200 S. 00:08:28
And then I think it goes east. 00:08:34
So the property line is here. 00:08:35
Sorry, the TV's go out sometimes. 00:08:38
Their whole lot is this, but it has this ditch across the middle of it that bisects it. But it's not a boundary of any sort. It's 00:08:42
just an easement they can't build within that easement. 00:08:49
Because it's an irrigation ditch. 00:08:56
OK. So the the AU is going to be over there, It's not? 00:08:58
Racing with them, yeah, it's going to be in this second. 00:09:01
Area over here. 00:09:04
And then of course would have to meet all standards. 00:09:07
With setbacks and height restrictions that are for accessory buildings. 00:09:10
And same thing, they could come back if they wanted to have a building that's larger than it is permitted. A larger footprints are 00:09:17
a conditional use, so they would have to come back for a conditional use for anything larger than what is permitted. 00:09:23
And at this time, they're just essentially looking for an amendment to the existing PUD so they can build their. 00:09:31
Right. Guest house that will be their residence where they rebuild the new one, right? 00:09:37
OK. 00:09:42
As a practical. 00:09:44
They have a couple. 00:09:46
Right. 00:09:53
Yes. So currently there's a, there's two shipping containers with a roof structure over it that is housing construction materials 00:09:54
and equipment. 00:09:59
Those are temporary uses incidental to the construction. 00:10:04
Kind of the staging that. 00:10:10
Is tied to this application. So it's kind of this multi stage process that because they submitted this application, the director 00:10:14
has okayed a temporary structure and it's not a permanent structure. There's not any foundation, it is. 00:10:22
Buildings or trailers that are parked on the. 00:10:32
On the land. 00:10:35
Which they're not living in. 00:10:37
Right. And they're not living in those. 00:10:38
Not that I imagine anyone would want to. OK, any additional questions on either of these? 00:10:43
And is approving its. 00:10:49
The. 00:10:51
Lot change. 00:10:52
Does that automatically approve future uses of the Adu as a? 00:10:54
No. So, so you're what you're changing is the conditions of the planned unit development. 00:11:00
And the conditions being the buildable area that's identified on the plat. 00:11:07
So you're just creating, if you were to approve it, you're creating a buildable area or a building envelope where an accessory 00:11:12
structure could in the future be built. 00:11:17
OK. 00:11:23
You know there's. 00:11:27
OK. 00:11:29
Perfect. Thank you very much, Kerry, for that. Yeah, one one thing, just a reminder, because there's only four members of the 00:11:30
Planning Commission. In order to have a successful vote, it has to be unanimous. 00:11:36
Otherwise you don't have. 00:11:43
You don't have a passing boat. 00:11:46
You've got to have a majority of, not a majority of those present. You have to have a majority of the Planning Commission. 00:11:47
So that would you do have that but? 00:11:52
Have to have 448 votes in order to pass any motions? Yep. For anything to pass, it has to have. It has to be unanimous tonight, 00:11:54
because there's only four of you. 00:11:58
Thank you for. 00:12:03
The reminder, Brad, appreciate it. 00:12:04
All right. With that, we'll go ahead and close the work meeting. 00:12:06
I'm the president of the HOA. 00:12:13
Work as well. 00:12:16
OK. We're going to have a public hearing on that when we get to that item on there. So we'll definitely invite you up to to make 00:12:17
comments. So appreciate it. Thank you. 00:12:22
All right. And with that, does anyone need a break before we move right into the official start? Everybody good? All right, 00:12:28
Fantastic. 00:12:32
So with that, we'll go ahead and get started. 00:12:36
This is Chair Roach and we have in attendance Commissioner Gong, Commissioner Gunningham and Commissioner Vichinsky. 00:12:40
Excuse denied as Commissioner Banks font and prints. 00:12:48
And, as Council mentioned, any motions to pass must have unanimous of the four present. 00:12:52
We have two different. 00:13:00
Items on our agenda tonight. 00:13:02
For public hearing. 00:13:05
And we will invite Members to come up at that time when those are ready to go and we do have a statement that we read at the 00:13:07
beginning of all meetings and I have asked Commissioner gone. 00:13:12
To go ahead and read that for us. 00:13:16
OK, the City of Holiday Planning Commission is a volunteer citizen board whose function is to review land use plans and other 00:13:20
special studies. 00:13:23
Make recommendations to the City Council and proposed zoning map and ordinance changes and approve conditional uses and 00:13:27
subdivisions. 00:13:30
The Planning Commission does not initiate land use applications, rather acts on applications as they are submitted. 00:13:34
Commissioners do not meet with applications with applicants except as publicly at publicly noticed meetings. 00:13:40
Commissioners attempt to visit every property on the agenda where the location, the nature of the neighborhood, existing 00:13:46
structures and uses related to the proposed change are noted. 00:13:50
Decisions are based on observations, recommendations from the professional planning staff, the city's general plan, zoning 00:13:55
ordinance and other reports by all verbal and written comments. 00:13:59
And by evidence submitted, all of which are part of the public record. 00:14:05
Thank you very much, Commissioner Gong. 00:14:08
And with that, we will. 00:14:10
Get started. And just as we kind of roll into each item before we get into the public hearing, we'll have a staff report. We'll 00:14:12
invite the applicant to come up and add any additional information that needs to be. 00:14:18
Presented and commissioners will be able to ask the applicant any questions. We'll then open the public hearing. I do see we have 00:14:25
looks like a couple visitors with us tonight that might not be directly associated with the applicants and if that is the case. 00:14:31
When you do come up, please state your name and address for the record and try and keep your comments. 00:14:38
As brief to the point as possible, and if you're. 00:14:43
Also, following someone who's made comments on something, please try not to restate the same things and over reiterate the same 00:14:46
points. 00:14:50
And so with that, the first item that we have on our agenda tonight is the conditional use permit for an accessory building 00:14:54
footprint size located at 5176 Cottonwood Lane. 00:14:59
And if we can ask our staff. 00:15:05
This is March to come up and let us know what's going on with that. 00:15:09
Thank you, Commissioner Roche. 00:15:24
So this application is for conditional use for a guest house located at. 00:15:26
5176 S Cottonwood Lane. It's on a 1.22 acre property. 00:15:35
Being over one acre. 00:15:41
Permitted guesthouse size is 2000 square feet. 00:15:44
They're proposing roughly 3016 square square feet. That includes the living space, the garage, covered porches and patios. 00:15:47
Um. 00:15:57
The. 00:15:58
Conditions. 00:15:59
Can be based off of the size of the property and the Planning Commission can look at the site plan proposed trees being removed. 00:16:03
Engineering has looked at the site and found that it. 00:16:11
You know the location of the driveway is appropriate. Setbacks are appropriate for a accessory building there. I think those 00:16:16
minimum setbacks for an accessory building are 13 feet. 00:16:22
And proposed is 15 feet. 00:16:28
And. 00:16:31
And. 00:16:32
Yes, I will have the applicant come up and they can talk about their project a little bit more. 00:16:34
OK. 00:16:39
Thank you very much. 00:16:40
And with that, we'll go ahead and ask if the applicant is here. It looks like Mikes Spainhower is the representing property owner. 00:16:41
If you'll state your name and address and let us know what's going on. 00:16:51
Might explain however. 00:16:56
2682 W 9435 S South Jordan. 00:16:59
Representing the applicant or the. 00:17:03
Property owner. 00:17:06
So this unit, the livable space, is 2100 square feet. But then we quit the garage and then the porch and the. 00:17:08
Back patio. 00:17:17
It increased to just nearly 3000 square feet, so. 00:17:19
Needed to go through this conditional use for this approval. 00:17:23
I just if you have any other questions, I'm happy to. 00:17:28
Help. 00:17:31
Answer if I. 00:17:32
Me, OK? 00:17:34
One thought just. 00:17:38
The. 00:17:39
Because of the. 00:17:40
Condition. 00:17:41
They. 00:17:43
Using this. 00:17:43
Postal. 00:17:45
Any. 00:17:53
I I don't think so. Maybe Carrie can speak to that a little bit better. They usually have a marked B. 00:17:56
Addressed but coming from a different street, I think it just. 00:18:05
Remains the primary address. 00:18:09
Right. Anytime we have an accessory unit, it is addressed with the same as the main living unit with the addition of unit B. 00:18:12
This is Commissioner Roche. 00:18:24
Did want to ask about the trees and the canopy sustainability. I noticed in a site visit earlier. It looks like the. 00:18:26
Main tree being proposed for removal along that driveway is a very large Cottonwood tree. 00:18:37
That appears to to, you know, still be in in good health as I was just curious if there's a reason why. 00:18:45
You know, being in a Tree City, USA, we obviously want to protect our large, stately trees as much as possible. Why? It wasn't 00:18:54
being looked at to perhaps be moved over to the northeast corner where it looks like there's already an accessible gate entry onto 00:18:59
the property, right? They're running along the same Rd. 00:19:05
Yeah. And that discussion has come up the the primary reason for the location of the Adu is. 00:19:12
So the view from their primary. 00:19:20
Residents still captures the mountains and so you have this nice home here. 00:19:23
On this nice property and with with mountain views and so the idea is to maintain that. 00:19:31
Great view to Mount Olympus through this corridor to the. 00:19:40
North of the building and so the the. 00:19:44
The. 00:19:48
Structure is pushed South. 00:19:49
So that. 00:19:52
That view corridor will be maintained. 00:19:54
And then it's kind of, it's kind of away from all the most of the traffic as well you have traffic at the corner. 00:19:58
And so this hides the Adu more in that corner with the. With the the trees are lined along that property line on both sides. 00:20:05
So it kind of. 00:20:15
Snugs it into the. 00:20:16
Existing trees that are there. 00:20:19
OK. And is there a plan, I didn't see it in what was submitted and perhaps I overlooked it, but is there a plan and and replacing 00:20:22
that lost canopy from those large trees that will be taken out of place there? 00:20:28
Yeah. So there's new trees labeled there, I think, yeah. Her, her mouse is hovering over those areas right there, so. 00:20:35
So basically right now we think 5 trees will need to be removed and that's really basically because of the driveway. 00:20:43
And one in the garage area and so 5 trees are just. 00:20:51
Proposed to be on that. 00:20:56
North side to a further secluded. 00:20:58
And not have it be a nuisance for passer bys. 00:21:01
And with those new trees, they'll be matching the canopy at maturity and compliance with the code. Yeah, obviously not 00:21:05
immediately. Yeah, it's nice as it would be to require you to pay $80,000 to relocate a large cotton. What? I don't think that's 00:21:10
viable, so for sure. 00:21:15
All right. 00:21:21
Commissioners, any other questions for the applicant at this time? 00:21:23
All right. We'll go ahead and invite you to sit down. And OK, then we will move to open the public hearing on this. And again, 00:21:27
this is for the property of 5176 Cottonwood Lane, if there is any members of the public here that would like to. 00:21:34
Make comment on this. You're welcome to come up at this time. Just please state your name and address for the record. 00:21:41
Does not look like anybody is here for comment on this. So with that we'll go ahead and. 00:21:50
Close the public hearing. 00:21:57
And with that, Commissioners, we'll go ahead and discuss. 00:21:59
The application. 00:22:05
So. 00:22:06
Commissioner, coming home. Any thoughts? 00:22:07
I go back to. 00:22:10
She. 00:22:11
Hmm. 00:22:36
As long as you say. 00:22:41
Down the trees. 00:22:42
Not allowed. 00:22:50
OK. 00:22:52
Mr. Bilinski. 00:22:54
And. 00:22:57
Going over the. 00:22:57
Report and. 00:22:59
Hearing what has been said. 00:23:00
I don't think there's anything that would prevent us from. 00:23:02
Forward. 00:23:06
On the. 00:23:06
Mission gone. 00:23:08
I guess my question is and this may sound silly but. 00:23:15
Why is it so big? So the limit is 2000 feet. This is a little bit more than 3000 feet. Is there a reason it couldn't be 2000 feet? 00:23:18
It's and it's probably just, you know. 00:23:23
They want it to be nice. They want it to be big. 00:23:28
So it doesn't seem in itself a question. 00:23:32
A problem, but my question is just. 00:23:35
If the rule is 2000. 00:23:38
Is there? 00:23:40
Compelling reason why it needs It should be allowed to be so much bigger. 00:23:41
And that's a great question, which I believe I had a little bit of discussion with city staff earlier on. And you know, Carrie, 00:23:46
maybe if you want to reiterate that point when I kind of posed that earlier. 00:23:51
Right, so that is what conditions being placed on on a use would be. So in this particular use as a guesthouse, you can place 00:23:58
conditions on it where maybe increasing setbacks beyond what the minimum are Is the intent is to reduce the impact on neighboring 00:24:04
properties. 00:24:11
For their proposal, they've already increased the setbacks beyond what would be required. 00:24:19
So you can take those into account. You can. 00:24:24
See if there's any other conditions that might be reasonable and discuss those with the application or or with the applicant. 00:24:27
Historically, where we where it is a conditional use. 00:24:34
We have permitted or. 00:24:39
Issued conditional use permit. 00:24:41
For accessory buildings that are much larger too. 00:24:44
And some of my understanding also was that. 00:24:51
The the process is in place this way so that it comes before this. 00:24:54
Body for neighbors and those that might have concerns about. 00:25:00
Having a new. 00:25:05
To 3000. 00:25:07
Put structure right up against their property line. 00:25:08
They could come and vent those out if there was concern about it. 00:25:11
Rather than everything just getting approved and then all of a sudden there's a house sitting in their backyard. 00:25:15
So. 00:25:22
That's. 00:25:24
So that's kind of why there's the allowance of the code because that was my first question is why don't they just stick with the 00:25:25
2000 that's in code. But it was to allow that that venting process and that public hearing to give neighbors an opportunity if 00:25:30
there are concerns. 00:25:35
About making an exception to that standardized rule. 00:25:41
Without having to go to, you know. 00:25:44
The City Council and. 00:25:46
Have a multitude of meetings to explain why. 00:25:48
I think for myself the I I am hesitant just because of the large Cottonwood. There's not a lot of large cottonwoods left. 00:25:53
Umm. 00:26:02
But I also look at the long term. I appreciate what they're trying to do and keep the mountain views. I I appreciate the 00:26:03
aesthetics factor. I still don't know for myself why it can't be put say. 00:26:09
10 feet to the West and face the north and have a driveway that just shoots out on the existing. 00:26:15
Gate that's already got an egress to the road there. 00:26:21
But at the same time, I recognize that you know, trees do have a lifespan and when you do, a lot of construction around trees. 00:26:26
The long term viability of some of those larger stately trees may not be. 00:26:33
Um. 00:26:39
Absolutely viable in 10 to 15 years and so would it really be worth? 00:26:41
Requiring or putting constraints on the applicant to move this somewhere else on the property to try and protect some trees that 00:26:46
may not be there in 5 to 10 years after they get done with construction anyway. 00:26:52
So I think as long as they're adhering to the. 00:26:58
Tree canopy ordinance, and they're making sure that they're putting in trees that are going to be large enough to replace that 00:27:02
canopy. It doesn't sound like they're. 00:27:06
Doing this to make the property. 00:27:10
Look worse in any way, or do it for profit. It sounds like it's more for a personal use, and by code it sounds like that's exactly 00:27:13
what it would have to be, for I see no reason why. 00:27:19
We really should not move forward with. 00:27:25
Approval on that but. 00:27:29
I don't want to make the choice for anyone, and unless there's any further discussion, I am inviting the group if anyone wants to 00:27:31
make a motion. 00:27:35
This is Commissioner Cunningham and I move that. 00:27:43
Planning Commission approved the application. 00:27:45
Yes, house size 3016 square feet. 00:27:49
Located at 5176 Cottonwood Lane. 00:27:53
Based upon the findings that one. 00:27:57
Desire structure meets these conditions included in 13. 00:27:59
.08 point 40. 00:28:03
To the proposed building will meet standards and regulations for use as an external drilling unit. 00:28:06
3 The proposed guest house location does not violate setback or lock government. 00:28:11
Property. 00:28:16
For staff has not received objections or concerns. 00:28:18
Written or verbally expressed today concerns. 00:28:21
In addition. 00:28:26
Conditions of approval. 00:28:28
So we. 00:28:31
Does the city take the view that? 00:28:33
This, this spices for the first condition. 00:28:34
So the two conditions of approval the owner applicant shall obtain. 00:28:39
Superman. 00:28:43
For the proposed guest house. 00:28:44
Applicant will comply with all engineering. 00:28:46
Landscaping, Geotechnical reports and utility availability Letter submission requirements. 00:28:49
Before the issue. 00:28:54
We have a motion. Do we have a second? 00:28:59
Commissioner Vichinsky, I second that motion. 00:29:01
All right, there's been. 00:29:04
Seconded. And with that we will call for a vote. We'll start down here, Commissioner Gong. 00:29:06
Aye. 00:29:11
Commissioner Bilinski, hi, Mr. Cunningham. 00:29:12
And Chair Roach votes, aye, so it does pass. 00:29:15
Umm. 00:29:19
And with that? 00:29:20
We look forward to. 00:29:21
Seeing the finished result. 00:29:23
Alright, thank you very much. And with that, we will move to the next item on our agenda, the Woods PUD Plat amendment. It's 6235 00:29:27
S, 2710 E. 00:29:33
And we will invite city staff. 00:29:39
This is Mark to come back up and. 00:29:43
Give us the lowdown on this one. 00:29:45
Thank you, Commissioner Roach. 00:29:54
This application is. 00:29:56
For the It's made by the property owner to amend the conditions of approval for PUD. 00:30:00
Which identifies the building area that is associated with lot 1. 00:30:05
In the woods, PUD. 00:30:10
The Woods Beauty is a Four Lot subdivision. It was created in 2005. 00:30:12
Lot 1 is unique in that there is a drainage easement that bisects the lot on the original plat and in the conditions of the 00:30:18
original PUD. 00:30:22
The building area. 00:30:27
Did not include area that is on one side of that. 00:30:28
Drainage easement. 00:30:33
So. 00:30:35
Accessory buildings are a permitted right within the R143 zone. 00:30:36
As is there is area on the. 00:30:42
On Lot 1 in the subdivision. 00:30:47
There is a deed restriction that prevents subdivision of Lot 1 into an additional LOT. 00:30:49
But that deed is not restricting the building area itself. 00:30:55
And the only thing that is restricting the building area is that it's not identified as a condition in the PUD and is not recorded 00:31:01
on the plat. So that is what the request is for today. 00:31:05
Umm. 00:31:11
A quick discussion on the HOA as well. So there is an HOA that exists within this development. 00:31:14
They do have specific regulations in their CCR's that is the property owners personal responsibility to maintain the legal 00:31:22
restrictions within that. 00:31:27
The HOA, however, does not control permitted land use rights, as an accessory building would be a land use right. 00:31:32
A similar application was. 00:31:41
Done in 2020 on lot #4, same kind of thing where the PUD and PLAT was amended to identify a building area for an accessory 00:31:44
building on log 4. So this application is doing the same thing. 00:31:51
Just on that one. 00:31:59
And I will have the applicant come up and they can explain their proposal just a little more. 00:32:00
Thank you very much. Appreciate it. 00:32:05
And with that, it looks like we have Curtis Calder as the applicant. Is that who's? 00:32:07
Representing today. 00:32:12
Yes, I'm Curtis Calder. My the address is 6235 S, 2710 E and we are a lot 1. 00:32:15
Yeah, same thing as. 00:32:23
Kerry mentioned we like Lot 4 would like to have a. 00:32:25
Detached unit as a guesthouse and a garage, and that's the planned use. That's a. 00:32:29
Very large chunk of our property. 00:32:36
This has always been the plan. We were very open and clear with all members of the HOA. 00:32:38
On the note that is included, some of the information is misrepresented. 00:32:43
It is not. 00:32:48
And again, it may not matter here, but some of the comments by the HOA. 00:32:49
And allowing it and not allowing it, we got approval from the architectural review committee. We followed all the process. 00:32:53
And yeah. 00:32:59
Any. 00:33:01
Questions. 00:33:01
So just a point of clarification is that. 00:33:05
You are within your legal. You're seeking to do this within your legal rights, which would supersede anything the HOA has in 00:33:09
place. But it's also your understanding that. 00:33:14
The HOA already has approved and allowed this based on what was originally submitted or so The HOA doesn't approve this. It's the 00:33:21
Architectural Review Committee. The Architectural Review Committee has approved it. 00:33:27
And so yes, on the legal as you said. 00:33:33
And. 00:33:36
Just clarifying some. 00:33:37
Misrepresentations in the notes. 00:33:39
Since we're only. 00:33:43
You say the architecture. 00:33:50
Improvement. 00:33:52
So no really the the. 00:33:54
Comments and the two attached emails. 00:33:58
For members of the HOA, if that is an issue for you and approving this, I'm just clarifying there are some misrepresentations 00:34:01
there. If need be we can go through that, but as Kerry pointed out. 00:34:06
That's not a part of this legal process. The city is allowing this. The HOA cannot legally prohibit it. 00:34:12
And so I'm just clarifying that. Does that make sense? 00:34:20
I'm trying to understand. 00:34:23
You're right. 00:34:25
The only issue? 00:34:27
Oh, OK. Yeah. Then maybe I don't need to. I just figured if I only have one chance to talk, I'd clarify that. Sorry. Yeah. If I 00:34:30
can come back if needed, then yeah, you're OK. We're all this. So what we're doing, Curtis, is we will have a public hearing. 00:34:37
Anyone of the public is invited to come up and speak. And then if you want, we'll allow a couple minutes for you to come back 00:34:44
after we close the public hearing, just to address any concerns that you're OK. So any other questions? 00:34:51
The applicant at this time. 00:34:59
OK. We'll go ahead and have you sit down. Thank you. 00:35:00
Alright, and with that, we'll go ahead and open up the public hearing again, if you'll just state your name and address for the 00:35:05
record. 00:35:09
And try and be brief and to the point, with your comments limiting to roughly 3 minutes. 00:35:13
And with that? 00:35:19
This now is your time, Sir. 00:35:21
Walked in late and did not realize it at what stage you were within your meeting. So I. 00:35:24
Thought you were about ready to vote and I hadn't had a chance to say anything. No problem. Robert Schaefer. 00:35:29
I'm the I live at 6325 S 2710 E which is lot 3 in the woods. 00:35:34
Soap Hub and was elected president of the. 00:35:41
Of the HOA a couple of years ago. 00:35:45
We're very first of all say we're very happy that the Cauldrons have started their plans for construction. It's. 00:35:47
Been a long time coming and we really look forward to having a house on. 00:35:53
Residents on that lot. 00:35:57
But I must say that the other three members of the HOA are against the the restructuring or the rezoning of this of their plot 00:35:59
largely due to the fact that the magnitude and location of the large building they're planning to put there would destroy the 00:36:07
ambiance of our of our HOA. That large 4200 plus square foot building comes within 15 feet of the entry to our HOA and as a result 00:36:14
the first thing anybody's going to see is a big blank wall as they won't drive into the. 00:36:22
Entrance of the HOA. 00:36:29
And our HOA is. 00:36:32
Will essentially from that point on, will look very different in the eyes of ourselves and everybody else who's there. 00:36:34
We've admonished the callers numerous times over the past two years. 00:36:41
Not to do this and to. 00:36:46
Either shrink it or relocate this building so that it would be fit better within the ambiance of the HOA as well. 00:36:48
Um. 00:36:55
I don't know. We just hope that they'll go back to the drawing board and and refigure how to do this because having. 00:36:59
You come into the gate within 25 feet, there's the driveway and 15 feet from that is. 00:37:06
Is this giant building that's going to be a double story garage that has a blank wall to it. In fact it was very telling that 00:37:11
there. 00:37:16
Their elevation plans showed no elevation for the West facing portion of their lot because they didn't want to show what that 00:37:21
piece looked like. 00:37:24
So with that, I'd just like to say the other three members. 00:37:29
Of the HOA are strongly against this and we would prefer to have them go back to the drawing board. 00:37:32
Thank you very much. Thank you very much for your comments. 00:37:37
I don't have any. 00:37:42
I think we're good. Thank you very much, Robert. Appreciate it. 00:37:43
With that, we'll invite any other members that wish to make comment. 00:37:46
Steve Lezak. 00:37:57
Kodiak America we actually developed. 00:37:59
This piece of property. 00:38:02
I'm sorry Steven, if you just your address real quick. Ohh 2185 E. 00:38:04
383085 S Mill Creek. 00:38:08
Appreciate it. Thank never home. 00:38:12
Yeah. We started this back in 2005. We worked with Alma and Paul. It's been a long process to get 4 lots billed out. 00:38:15
When we started this thing, we ended up having to give 40 feet of the frontage of Lot 1. 00:38:25
Which decreased it from almost A2 acre lot down to the 1.6 for future dedication of widening of 62. 00:38:30
So we lost all that property up front. 00:38:37
We had the big Tanner ditch in the front that has an easement through there, which is now. 00:38:40
Been abandoned, but not really. We have to leave the easement there in case they ever want to use water again. 00:38:45
So that split the property in half. 00:38:51
We always had the plan for a guest house for Lot 1. 00:38:53
Right up front it had the all the utilities are stubbed in for Lot 1. 00:38:58
Water, sewer, electrical, everything is there. 00:39:02
But when the engineer did the final drafting of this, he did the non buildable area on Lot 4. 00:39:06
Which we corrected in 2021. 00:39:12
But for some reason on lot. 00:39:16
One it left was left blank. 00:39:18
So it didn't show the guesthouse on the other side. It doesn't say it's not buildable, it just doesn't show anything. 00:39:22
Over there. So that's what they're trying to get approved today. 00:39:27
We have. 00:39:33
All four lots because they are. 00:39:35
One acre lots can have a guesthouse on them. 00:39:39
Or an accessory building. 00:39:42
In the HOA it says you can have. 00:39:44
An accessory dwelling. 00:39:46
And we've done that on one of the lots, which is lot 4. 00:39:47
There's other issues that will come before you when we come with the planning side of it, but right now we're just trying to get 00:39:53
the properties situated. 00:39:57
So that that conditional use is met with the PUD. 00:40:01
We still own the back access that comes into this subdivision. 00:40:04
And once we're 100% done with all the building in there, we'll turn that over to the HOA. So they'll have two. 00:40:08
Potential access points, or at least an emergency and the main access point. 00:40:14
I can see why they're concerned a little bit with the building up front, but it will be hidden within the trees. 00:40:20
It. 00:40:26
It has a larger garage, smaller. 00:40:27
Living footprint in it than the one that just got passed. 00:40:31
But like we said earlier, we've built way bigger guest houses on smaller lots. 00:40:35
And this one's split up so much it's going to look like a separate. 00:40:41
Lot, but it cannot and will not be separated as a single lot in there. 00:40:45
About any questions. 00:40:54
Commissioners, any questions? 00:40:56
I think. Thank you, Steve. Appreciate your comments. 00:40:58
All right. And I noticed we had a couple other people have walked in here. We are currently in the middle of a public hearing for 00:41:01
the Woods PUD. Is there anyone else in the audience that would like to come forward and make comments? 00:41:07
OK. 00:41:17
With that, we'll close the public hearing. 00:41:18
And. 00:41:20
If the applicant wants to come up and take less than two minutes of time to address any comments, or you can waive that if you 00:41:22
don't feel it's necessary, It's up to you. 00:41:26
OK. OK, we're good. OK, fantastic. So with that then commissioners will turn and come back for discussion. 00:41:36
Any questions or discussion points that you can think of amongst each other? 00:41:44
And this, all we're all we're doing is approving. 00:41:53
Identification of. 00:41:56
Is a matter of right under the ordinance. 00:41:59
Regardless. 00:42:04
Position. 00:42:06
Right belongs to the property. 00:42:08
Yeah, so one of the things that. 00:42:13
Is. 00:42:15
Often comes up in Planning Commission meetings is. 00:42:16
The right to a view, the right to the appearance of things on your neighbors property. 00:42:20
That's not really a right that's recognized in the state of Utah. There are places back east in New York, for one, that you can 00:42:25
buy, view sheds and own the airspace above things and things like that, but. 00:42:30
In Utah, we haven't recognized that, right and so. 00:42:35
You know, regardless of. 00:42:39
The appearance of a building. We're not looking at that anyway. 00:42:42
But what we're looking at is building footprint, but you know one of the things that when you have a building and how it looks. 00:42:46
If you're in an HOA that has, you know, design restrictions. 00:42:54
Than the HOA's responsibilities to enforce that, but as far as the city. 00:42:58
Enforcing how a building is going to look or things like that, unless there's. 00:43:02
Specific areas like the Village holiday village zone has specific. 00:43:07
Design design standards and things like that, but I'm not aware of any design standard that applies in this particular situation. 00:43:12
And that would come later in the process anyway, even if there were. 00:43:19
So this is just as, as Commissioner Cunningham said, we're just looking at the building. 00:43:22
Envelope in the billable area on this particular lot and that's the only thing that's before the Planning Commission tonight. 00:43:27
Perfect. 00:43:34
Good clarification. Thank you. Commissioner Gong, did you have anything? No, that makes sense. We just the scope of what we're 00:43:35
doing. It sounds like there are concerns about. 00:43:39
What it will look like, but that's not that's not before the the committee today. 00:43:43
Correct. 00:43:47
Right, Commissioner Gang, That would be addressed at the point of a conditional use permit, similar to the first item on our 00:43:47
agenda. Guesthouse larger than the permitted size is a conditional use and would be reviewed by Planning Commission. 00:43:53
Perfect. 00:44:01
Alright. 00:44:01
So with that, unless there's any other discussion. 00:44:03
I guess just. 00:44:06
A question about. 00:44:08
I don't know a lot about the the easement or the ditch or anything like that. Is any building or changing the the building 00:44:10
envelope going to affect water quality or potential contaminants into something that's draining into something else? 00:44:16
Typically those sorts of things are looked at with the city engineer, so when they're presenting their building plans, we do have 00:44:23
water management or irrigation agreements anytime the A. 00:44:30
Building is proposed within a certain distance of an irrigation area so that those plans are reviewed with the irrigation or ditch 00:44:38
management company and they have to sign off on those. 00:44:43
So we do have a process where that is overseen and is part of the process, but it's later in the, I mean, right, That is part of 00:44:48
the actual proposal that we're building. Yeah. So today it's just. 00:44:54
The total buildable area that's on a parcel within the PUD. 00:44:59
Can we build it? Yes, we can. I don't know. Maybe so. 00:45:07
Alright. 00:45:10
When? 00:45:12
Yeah. 00:45:13
And I would. 00:45:15
That's completely up to the chair. 00:45:22
You know, I've got a few minutes. Sure, why not? We'll go ahead and reopen the public hearing and allow Mr. Schafer an 00:45:26
opportunity. 00:45:29
We appreciate that very much. It's not this. 00:45:32
It's not. 00:45:35
The it's the location of the building. 00:45:36
That's really of concern to us because it's so close to the road. 00:45:39
We can talk about what its design looks like and that sort of thing later, but the location is what really bothers everybody else 00:45:43
in the HOA. 00:45:46
Because it is. 00:45:50
Obstruction as soon as you come into the HOA. 00:45:51
And it's not going to be a pretty obstruction. Thank you. 00:45:55
While you're. 00:45:58
Sure. 00:46:00
City. 00:46:01
Indicated that. 00:46:02
This area is not considered open space. 00:46:04
Is that correct? 00:46:08
This is not common area within the HOA, no. 00:46:09
Thank you. 00:46:15
Alright, and with that, we'll reclose the public hearing. 00:46:16
And um. 00:46:21
My thoughts on it, is it it sounds like. 00:46:24
From. 00:46:27
Both city staff and from the the second comment that we had that this was intended to have. 00:46:28
That building footprint put in there. I understand the the concerns about aesthetics, but at the same time when the PUD was 00:46:35
originally written. 00:46:40
With the setbacks in mind, it sounds like, you know, however close or far it was from roads, et cetera, was already kind of taken 00:46:45
in consideration with that process. 00:46:50
And this is simply just amending that original agreement to. 00:46:55
Make sure that that footprint is allowed to. 00:46:58
Move forward on. 00:47:02
Is my my take on that So any other thoughts? Or is someone ready to make a motion on this? 00:47:04
This is. 00:47:09
Commissioner Vichinsky. 00:47:10
I'm ready to go ahead and make a motion to approve. 00:47:12
The amended plat for the Wood subdivision, Amendment #2. 00:47:16
A residential subdivision in the R143 zone. 00:47:20
Upon finding that the subdivision. 00:47:23
Complies with the R143. 00:47:28
Zone. 00:47:31
That no new property lot. 00:47:33
Or right away will be created by the amendment. 00:47:35
The area is not considered open space within the PUD. 00:47:38
And the buildable area for an accessory building is located outside of all utility and common area easement. 00:47:42
OK, have a motion. Do we have a second? 00:47:51
Commissioner. 00:47:54
2nd. 00:47:55
Right. We don't have the motion and it has been seconded. So we will call for a vote and we'll start on this side this time, Paul 00:47:56
or excuse me, Commissioner Cunningham. 00:48:00
Mr. Bilinski, Commissioner Gong. 00:48:05
Aye, and Chair Roach votes aye, and so it is unanimous and approved. 00:48:08
And with that, I do not see that we have any other items on our agenda. 00:48:17
And. 00:48:23
Wood. 00:48:24
Go ahead and on behalf of everyone, make a motion to adjourn. 00:48:26
2nd that motion. 00:48:29
Meeting adjourned. Thank you very much. 00:48:31
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