Meeting: Planning Commission Meeting

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

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

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