No Bookmarks Exist.
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 |