Live stream not working in Chrome or Edge? Click Here
No Bookmarks Exist.
Now, this flexibility is particularly. 2024-09-16 09:54:40
Relevant when the uniform setbacks fund that. 2024-09-16 09:54:43
Disproportionately affect properties with. 2024-09-16 09:54:46
Unique shape and characteristics. 2024-09-16 09:54:49
Belief that granted the variance to maintain. 2024-09-16 09:54:52
The proposed 25.25 feet set back. 2024-09-16 09:54:55
That would be key to ensuring that the fairness. 2024-09-16 09:54:58
Principle is accommodated while upholding the. 2024-09-16 09:55:01
Spirit of the zoning intent. 2024-09-16 09:55:04
Recommendations City staff concluded that a big. 2024-09-16 09:55:07
Based off of the technical review of the city code. 2024-09-16 09:55:10
Of the geospatial characteristics of the context. 2024-09-16 09:55:13
Granting the 7.2 variant. 2024-09-16 09:55:16
For the front yard appears to be the. 2024-09-16 09:55:19
Least intrusive solution to upholding the. 2024-09-16 09:55:22
Period of zoning as outlined in Section 30. 2024-09-16 09:55:25
3 point 14.050 now. 2024-09-16 09:55:28
Discussions regarding denials. 2024-09-16 09:55:31
Of this case should be moderated by the administration. 2024-09-16 09:55:34
Cities appeals here in officer by examining. 2024-09-16 09:55:37
The language of the city code the applicants. 2024-09-16 09:55:40
Narrative to be presented to us stuff. 2024-09-16 09:55:43
Recommendation and the proceedings from the public here. 2024-09-16 09:55:46
As well as other submissions that I received here. 2024-09-16 09:55:49
From the city staff's perspective. 2024-09-16 09:55:52
The subject property possesses unique characteristics. 2024-09-16 09:55:55
From others within the vicinity. 2024-09-16 09:55:58
I would circle and requiring compliance with the city. 2024-09-16 09:56:01
Code presents an unreasonable hardship. 2024-09-16 09:56:04
This variance request. 2024-09-16 09:56:07
Seems to pass the five part test. 2024-09-16 09:56:10
For variance standards and city staff, Richard. 2024-09-16 09:56:13
Approval. Thank you. Thank. 2024-09-16 09:56:16
Before I have a question for you. 2024-09-16 09:56:19
In regards to the special circumstance. 2024-09-16 09:56:22
You indicated that. 2024-09-16 09:56:25
At the rectangular shape. 2024-09-16 09:56:28
Lot is being assessed relative to irregular sheep. 2024-09-16 09:56:31
Plot within the cul-de-sac. 2024-09-16 09:56:34
Elongated with pie shaped front, Yeah. 2024-09-16 09:56:37
Mentioned orientation, will you expand on what? 2024-09-16 09:56:40
Is that an irregular orientation or what do you? 2024-09-16 09:56:43
Referring to there And why is that? 2024-09-16 09:56:46
Special or unique to this property? 2024-09-16 09:56:49
Yeah, that'd be great. 2024-09-16 09:56:52
Yeah, so ask you to. 2024-09-16 09:56:55
But but. 2024-09-16 09:56:58
So. 2024-09-16 09:57:01
The different properties within the. 2024-09-16 09:57:04
That's why I would circle. 2024-09-16 09:57:07
You are pretty nerd according to you. 2024-09-16 09:57:10
You revolve? I think so. 2024-09-16 09:57:13
That means that on the rear side of the property is. 2024-09-16 09:57:16
Large and it taper to the front. 2024-09-16 09:57:19
Now, according to Studio Holiday. 2024-09-16 09:57:22
Set back to comment. 2024-09-16 09:57:25
We are supposed to use that with. 2024-09-16 09:57:28
Property determined side of that. 2024-09-16 09:57:31
And then after we do know that. 2024-09-16 09:57:34
Yeah, that's 14. 2024-09-16 09:57:37
It's working. 2024-09-16 09:57:43
No, as you can see. 2024-09-16 09:57:46
Property question is. 2024-09-16 09:57:49
So. 2024-09-16 09:57:52
Phase of the plot, so. 2024-09-16 09:57:58
And again. 2024-09-16 09:58:01
To identify from the analysis of that. 2024-09-16 09:58:04
The loss that seemed to be. 2024-09-16 09:58:07
Similar to the applicant property question. 2024-09-16 09:58:10
What's this neighboring property which is also shared in? 2024-09-16 09:58:13
When you. 2024-09-16 09:58:17
This applicant. 2024-09-16 09:58:25
This neighboring property actually has very. 2024-09-16 09:58:28
Approximately 15.1928. 2024-09-16 09:58:35
So those were. 2024-09-16 09:58:38
Right, so I understand it'd be. 2024-09-16 09:58:44
Because of these unique characteristics. 2024-09-16 09:58:47
When you do the averaging calculation. 2024-09-16 09:58:50
And under section 13.14. 2024-09-16 09:58:52
.04054. 2024-09-16 09:58:56
The result is somewhat skewed. 2024-09-16 09:58:59
Because you're assuming that you're. 2024-09-16 09:59:02
Normally, that statute applies to regularly shaped. 2024-09-16 09:59:05
That's correct. What's correct? 2024-09-16 09:59:08
I need to understand that. OK. Thank you, Mr. Ford. 2024-09-16 09:59:11
Appreciate it. 2024-09-16 09:59:13
The applicant. 2024-09-16 09:59:14
Uh. 2024-09-16 09:59:29
I think the basic. 2024-09-16 09:59:32
Ideas of what we're. 2024-09-16 09:59:35
Playing for today have been very well outlined by the city. 2024-09-16 09:59:38
Unfortunately, because of. 2024-09-16 09:59:41
Other scheduling conflicts. 2024-09-16 09:59:44
Person who wrote this narrative was. 2024-09-16 09:59:47
Unable to be with us, but I'll share some of the key points. 2024-09-16 09:59:50
He, he, the architect and. 2024-09-16 09:59:53
The owner worked through to come. 2024-09-16 09:59:56
Up with these points. 2024-09-16 09:59:58
Umm. 2024-09-16 09:59:59
Obviously we're requesting a. 2024-09-16 10:00:02
To reduce the setbacks. 2024-09-16 10:00:05
Umm. 2024-09-16 10:00:08
The. 2024-09-16 10:00:14
From other properties, the lot was subdivided into. 2024-09-16 10:00:20
Two lots, the shape of the shape and being of the corner. 2024-09-16 10:00:23
Is being unique to this neighborhood. 2024-09-16 10:00:26
As mentioned above, the code requirement is 20 feet set back for the. 2024-09-16 10:00:29
Corner lots. The other lots used in the established. 2024-09-16 10:00:32
Established the average setbacks are located. 2024-09-16 10:00:35
Within the cul-de-sac and have varying front yard set back. 2024-09-16 10:00:38
Conditions. 2024-09-16 10:00:40
There was an attached site plan that's been displayed. 2024-09-16 10:00:44
Today benefits. 2024-09-16 10:00:47
And other other properties, same zoning. Enjoy. 2024-09-16 10:00:50
The neighbor across the street, 4405 S. 2024-09-16 10:00:53
Briarwood Circle is a corner. 2024-09-16 10:00:56
Lot it has an average set back of. 2024-09-16 10:00:59
Two feet. It will enhance the. 2024-09-16 10:01:02
Visual quality of the neighborhood and will add value to the. 2024-09-16 10:01:05
This will allow the structure of that. 2024-09-16 10:01:08
Property owners to enjoy. 2024-09-16 10:01:11
The other thing is that not to deviate from the general purpose. 2024-09-16 10:01:14
To the holiday holiday code, the purpose proposed. 2024-09-16 10:01:17
Home with the variance would still comply with. 2024-09-16 10:01:20
All holiday codes, including including site coverage. 2024-09-16 10:01:23
Impermeable service requirements. Height limits. 2024-09-16 10:01:26
And view corridor requirements it will comply. 2024-09-16 10:01:29
With code. With code 20 foot corner. 2024-09-16 10:01:32
Side setbacks. 2024-09-16 10:01:35
Umm. 2024-09-16 10:01:50
The owners obviously not here. 2024-09-16 10:01:53
But the owner? 2024-09-16 10:01:56
My experience has been building in holiday. 2024-09-16 10:01:59
10 to 15 years and. 2024-09-16 10:02:02
Feel that the projects that I've been involved with. 2024-09-16 10:02:05
Have been a benefit to the City of Holiday. 2024-09-16 10:02:08
In addition to that the the owner. 2024-09-16 10:02:11
Just feed me on her behalf. 2024-09-16 10:02:14
Amazing access to that neighborhood. She's just a great person. 2024-09-16 10:02:17
Person and I'd love to have her as a neighbor myself. 2024-09-16 10:02:20
That's all question. 2024-09-16 10:02:23
So the law requires. 2024-09-16 10:02:26
Not only hardship, and I think I understand the hardship you can't do. 2024-09-16 10:02:29
Home that you. 2024-09-16 10:02:32
Have designed, but the other question is what? 2024-09-16 10:02:35
The special circumstance. 2024-09-16 10:02:38
Unique. 2024-09-16 10:02:38
Of this property that causes this hardship. 2024-09-16 10:02:41
Will you address what that special circumstance? 2024-09-16 10:02:44
To your property. 2024-09-16 10:02:47
Yeah, I think Justice was able to out like that. 2024-09-16 10:02:50
Fairly well, but the special circumstances. 2024-09-16 10:02:53
Is the unique? 2024-09-16 10:02:56
Shape of the lot and. 2024-09-16 10:02:59
Corner the corner set back requirements. 2024-09-16 10:03:02
With the front yard. 2024-09-16 10:03:05
Regard to the pie shake homes. 2024-09-16 10:03:08
Was outlined already. 2024-09-16 10:03:11
The hardship falls where. 2024-09-16 10:03:14
You would want to build a home that is. 2024-09-16 10:03:17
Beautiful and complements the neighborhood. 2024-09-16 10:03:20
But would also not allow that owner to have. 2024-09-16 10:03:23
Any sort of a backyard. 2024-09-16 10:03:26
Thank you. 2024-09-16 10:03:29
Any other comments from the city? 2024-09-16 10:03:32
All right. 2024-09-16 10:03:35
I'm going to. Could you give me a couple of minutes just to? 2024-09-16 10:03:42
Get my thoughts together on this and. 2024-09-16 10:03:44
Bye bye. 2024-09-16 10:05:03
Alright. 2024-09-16 10:05:06
We're back on the record. 2024-09-16 10:05:09
Will have a written decision. I will provide that to. 2024-09-16 10:05:12
The party that really. 2024-09-16 10:05:15
Decision should be available to you within. 2024-09-16 10:05:18
Five business days, I should have that. 2024-09-16 10:05:21
But I am ready to. 2024-09-16 10:05:24
State verbally. 2024-09-16 10:05:27
The decision. 2024-09-16 10:05:30
Decision will supersede what I state for the record. 2024-09-16 10:05:33
Today. But I think you want a decision so today. 2024-09-16 10:05:36
So. 2024-09-16 10:05:39
But the applicant has filed a request for a variance. 2024-09-16 10:05:42
Under section 13.14. 2024-09-16 10:05:45
04 of the city code. 2024-09-16 10:05:48
Utah requiring a minimum front set back. 2024-09-16 10:05:51
32.53 feet. 2024-09-16 10:05:54
Structures of the property line and the applicant request of their. 2024-09-16 10:05:57
And to allow for a front yard set back of. 2024-09-16 10:06:00
25.25 feet and stop me if I don't have. 2024-09-16 10:06:03
This correctly. 2024-09-16 10:06:06
African is required to meet the front yard set. 2024-09-16 10:06:12
Prescribed by section 13.14. 2024-09-16 10:06:15
.054 of the code. 2024-09-16 10:06:18
African cannot build a home that they had planned. 2024-09-16 10:06:21
The city has India. 2024-09-16 10:06:24
Indicated that this is a reasonably sized. 2024-09-16 10:06:27
Home compared to other homes on the cold affect. 2024-09-16 10:06:30
And so it would be an unreasonable heart. 2024-09-16 10:06:33
Prevent applicant from building reasonably sized. 2024-09-16 10:06:36
Tone. The issue is the surface. 2024-09-16 10:06:39
Fans peculiar to applicants property. 2024-09-16 10:06:42
The circumstances. 2024-09-16 10:06:45
Peculiar to applicants property causing a. 2024-09-16 10:06:48
Is a somewhat skewed result. 2024-09-16 10:06:51
The averaging system calculation. Infection. 2024-09-16 10:06:54
13.14. 2024-09-16 10:06:57
4.054 The code to determine the request. 2024-09-16 10:07:00
Back requirement applicants. 2024-09-16 10:07:06
Corner lot is assessed relative to irate. 2024-09-16 10:07:09
Shaped lots within a cul-de-sac that are. 2024-09-16 10:07:12
Elongated with pie shaped front. 2024-09-16 10:07:15
The calculation provided in Section 3. 2024-09-16 10:07:18
15.14 point 04 assumes comparison comparison. 2024-09-16 10:07:21
Of similar properties with regular shape front law. 2024-09-16 10:07:24
This circumstance is not self-imposed. 2024-09-16 10:07:27
Or economic. 2024-09-16 10:07:30
The. 2024-09-16 10:07:33
Neighboring property across the street from applicants property. 2024-09-16 10:07:36
In the same cold as that currently has a required. 2024-09-16 10:07:39
Set back of 20.2. 2024-09-16 10:07:42
That right and the properties on the. 2024-09-16 10:07:45
South and east side of the applicant's property have front yard set. 2024-09-16 10:07:48
Back to 22 feet and 16 feet. 2024-09-16 10:07:51
Respectively. 2024-09-16 10:07:54
Of 25.25 feet will. 2024-09-16 10:07:57
Provide the applicant with substantial enjoyment of property right. 2024-09-16 10:08:00
Similar to those enjoyed by the Prop. 2024-09-16 10:08:03
Parties in the zone. 2024-09-16 10:08:06
This variant would not change. 2024-09-16 10:08:09
The character and development pattern of the neighborhood. 2024-09-16 10:08:12
And I stated the code. 2024-09-16 10:08:15
Instruction to be flexible to produce equal. 2024-09-16 10:08:18
Outcome is relevant when uniform set back. 2024-09-16 10:08:21
Standards would disproportionately affect properties. 2024-09-16 10:08:24
Unique shapes and characteristics. 2024-09-16 10:08:27
Granting a variance would ensure that the. 2024-09-16 10:08:30
Financial justice is done while holding the spirit. 2024-09-16 10:08:33
Of the zoning ordinance. 2024-09-16 10:08:36
So the decision is that. 2024-09-16 10:08:39
The applicant has met the burden. 2024-09-16 10:08:42
Approving 5 conditions justifying the. 2024-09-16 10:08:45
Variant accordingly. 2024-09-16 10:08:48
Applicant is granted a variance for. 2024-09-16 10:08:51
Property and the literal enforcement of section 13. 2024-09-16 10:08:54
.1404 the code as far. 2024-09-16 10:08:57
The front yard set back about the. 2024-09-16 10:09:00
Property shall be a minimum 25.5. 2024-09-16 10:09:03
Feet rather than the minimum. 2024-09-16 10:09:06
32.50 feet. 2024-09-16 10:09:09
Repeat required in section 13. 2024-09-16 10:09:12
14.054 of the code. 2024-09-16 10:09:15
Which is a variance of 77 point. 2024-09-16 10:09:18
To 8 feet applicant shall complete. 2024-09-16 10:09:21
Why with all other applicable provisions of the code? 2024-09-16 10:09:24
Including securing the required building permit. 2024-09-16 10:09:27
Thank you. 2024-09-16 10:09:30
OK, the next item on the agenda is. 2024-09-16 10:09:42
The Holiday heights subsidy. 2024-09-16 10:09:45
In at the Holiday Peaks corner side set back. 2024-09-16 10:09:48
Variant. 2024-09-16 10:09:51
Representatives from the applicant here. 2024-09-16 10:09:54
Again, for the record. 2024-09-16 10:10:09
Goose was making this presentation. 2024-09-16 10:10:13
City planner, thank you. 2024-09-16 10:10:18
Jonathan Trailing Community Economic. 2024-09-16 10:10:21
And for the applicant. 2024-09-16 10:10:24
OK. 2024-09-16 10:10:37
First of all, I I want to. 2024-09-16 10:10:39
State, for the record, that I, the hearing officer. 2024-09-16 10:10:43
Have no conflicts of interest. 2024-09-16 10:10:46
Communicated with the city only for purposes of scheduling. 2024-09-16 10:10:49
And receiving materials. 2024-09-16 10:10:51
Under. 2024-09-16 10:10:55
Utah code and the Holiday City code. 2024-09-16 10:10:58
Excuse me? 2024-09-16 10:11:01
Uh. 2024-09-16 10:11:07
A duly appointed administrative appeals. 2024-09-16 10:11:12
Their self here and decide requests for variance. 2024-09-16 10:11:16
My name is Frank McNamara. 2024-09-16 10:11:19
Appointed administrative appeals officer for. 2024-09-16 10:11:22
Holiday city I do have. 2024-09-16 10:11:25
Information that has been presented to me, it's. 2024-09-16 10:11:28
The applicants. 2024-09-16 10:11:31
And the information they provided and. 2024-09-16 10:11:34
Also a city staff report. Did you get a copy? 2024-09-16 10:11:37
City staff report OK, so. 2024-09-16 10:11:40
So we shall that will be available. 2024-09-16 10:11:43
For my review and consideration. 2024-09-16 10:11:46
So we begin with the city making a presentation. 2024-09-16 10:11:49
To four. 2024-09-16 10:11:51
Thank you. 2024-09-16 10:11:58
Very much so this is. 2024-09-16 10:12:01
The case number 2 on the agenda today. 2024-09-16 10:12:04
And this is a corner side. 2024-09-16 10:12:07
Set back variant application. 2024-09-16 10:12:10
The address for the subject property is. 2024-09-16 10:12:13
4930 SW Rd. 2024-09-16 10:12:16
Holiday, Utah zip code 84117. 2024-09-16 10:12:19
Now this property. 2024-09-16 10:12:22
Size 0.25 acres and. 2024-09-16 10:12:25
Located within one of our single family residential. 2024-09-16 10:12:28
Now the governing. 2024-09-16 10:12:31
That pertain to. 2024-09-16 10:12:34
That hearing would be fun. 2024-09-16 10:12:37
In Title 13. 2024-09-16 10:12:40
Subsection 14.57 related. 2024-09-16 10:12:43
Corner size setbacks. 2024-09-16 10:12:46
And then the variance which is. 2024-09-16 10:12:49
Title 13.09. Point 02. 2024-09-16 10:12:52
Now the request. 2024-09-16 10:12:55
Here today is that the applicant is seeking out. 2024-09-16 10:12:58
The City of Holiday code. 2024-09-16 10:13:04
Section 13. Point 14.5. 2024-09-16 10:13:07
7 pertaining to the corner side, set that. 2024-09-16 10:13:10
Now. 2024-09-16 10:13:13
Code regulates the. 2024-09-16 10:13:16
Minimum corner side set back on the public's. 2024-09-16 10:13:19
Street, a private road or a private. 2024-09-16 10:13:22
And the applicant is. 2024-09-16 10:13:25
Requesting to be granted a relief. 2024-09-16 10:13:28
From the prescribed 20 feet, standardized. 2024-09-16 10:13:31
Corner side set back and proposing to mention. 2024-09-16 10:13:34
At 12.4 feet. 2024-09-16 10:13:37
Corner on a site. 2024-09-16 10:13:40
Said Doug. So now this. 2024-09-16 10:13:43
Would represent the 15%. 2024-09-16 10:13:46
Set back requirement for. 2024-09-16 10:13:49
Side yard and. 2024-09-16 10:13:52
Exception would herein constitute. 2024-09-16 10:13:55
.6 feet corner side set back variant. 2024-09-16 10:13:58
Which would also run with the landing perpetuity. 2024-09-16 10:14:01
Now the background to this case is. 2024-09-16 10:14:04
That the applicant and agent. 2024-09-16 10:14:07
Heights Subdivision, LLC. 2024-09-16 10:14:10
And Mr. Peter, represented here, have. 2024-09-16 10:14:13
Filed an appeal with the administrative here. 2024-09-16 10:14:16
Seeking a variance to. 2024-09-16 10:14:19
Portions of holiday city code specific. 2024-09-16 10:14:22
Pertaining to the corner side set back distance. 2024-09-16 10:14:25
Required for any main structure. 2024-09-16 10:14:28
To the corner side of the property. 2024-09-16 10:14:31
Now the applicant has proposed the construction. 2024-09-16 10:14:34
Kind of a new home on the subject property, which is. 2024-09-16 10:14:37
The corner lot in the new holiday. 2024-09-16 10:14:40
Subdivision which you can see on the screen. 2024-09-16 10:14:43
Now the property located on 4930. 2024-09-16 10:14:46
East SW Moore Rd. Was formerly the. 2024-09-16 10:14:49
Site of the Church of Jesus Christ of Latter Day. 2024-09-16 10:14:52
Saint Meetinghouse and. 2024-09-16 10:14:55
The applicant has completed the. 2024-09-16 10:14:58
Of the subdivision improvements and recording of the. 2024-09-16 10:15:01
With the building permit application yet? 2024-09-16 10:15:04
To be submitted to the city. 2024-09-16 10:15:07
Applicants have determined that the application of. 2024-09-16 10:15:10
Holiday City Code section 13.4. 2024-09-16 10:15:13
.057. 2024-09-16 10:15:16
Site setbacks would restrict. 2024-09-16 10:15:19
The proposed development on Lot 1. 2024-09-16 10:15:22
05, which is located on the northwest. 2024-09-16 10:15:25
Western corner of the subdivision. 2024-09-16 10:15:28
On the screen now. 2024-09-16 10:15:31
In that lot 105 is located on the. 2024-09-16 10:15:34
Intersection of Westmore Rd. 2024-09-16 10:15:37
And Delora Ling, the aforementioned set back. 2024-09-16 10:15:40
Gone in regulation requires all mainstream. 2024-09-16 10:15:43
On the corner lot to be assessed at a stand. 2024-09-16 10:15:46
That's 20 feet set back. 2024-09-16 10:15:49
Now the applicant is of the opinion that. 2024-09-16 10:15:52
105 certain. 2024-09-16 10:15:55
Unique conditions to be assessed using. 2024-09-16 10:15:58
Typical sidey outfit. 2024-09-16 10:16:01
Of the corner side set back. 2024-09-16 10:16:04
So they are hereby requesting a relief from the city. 2024-09-16 10:16:10
Code related to the standards 20 feet. 2024-09-16 10:16:13
Corner site setbacks and in turn. 2024-09-16 10:16:16
Seeking permission to maintain equity. 2024-09-16 10:16:19
A side yard set back which would be 12. 2024-09-16 10:16:22
.4 feet from the east side of. 2024-09-16 10:16:25
The property Additional information. 2024-09-16 10:16:28
The applicant's narrative supporting documents, including. 2024-09-16 10:16:31
Cyclone would be presented. 2024-09-16 10:16:34
Hearing by the applicant. 2024-09-16 10:16:37
Ordinances that pertain to this. 2024-09-16 10:16:40
It's the holiday city code on. 2024-09-16 10:16:43
Setbacks, Section 13.14 Point. 2024-09-16 10:16:47
050 and Holiday City Court. 2024-09-16 10:16:49
On corner site setbacks. 2024-09-16 10:16:52
13 point 14.057. 2024-09-16 10:16:55
And then holiday city ordinance on. 2024-09-16 10:16:58
Side yard setbacks which is. 2024-09-16 10:17:01
13 point 14.056. 2024-09-16 10:17:04
And again the approval of standard. 2024-09-16 10:17:07
As outlined by the state would be the same as. 2024-09-16 10:17:10
The one that was used to assess the first. 2024-09-16 10:17:14
Case this morning. 2024-09-16 10:17:16
So again, it is standard. 2024-09-16 10:17:20
Procedure for city staff to conduct an announcement. 2024-09-16 10:17:22
Based off of the contents of this. 2024-09-16 10:17:26
Subject property City staff does not. 2024-09-16 10:17:29
Vote on these matters and acts only. 2024-09-16 10:17:32
Advisory position on the technical aspects of the application. 2024-09-16 10:17:35
Now. 2024-09-16 10:17:38
Of the analysis, the 1st. 2024-09-16 10:17:41
Assessment that city staff did was to. 2024-09-16 10:17:44
First determine the intent. 2024-09-16 10:17:47
Intent of the 3D code. 2024-09-16 10:17:50
Now, the purpose of the city ordinance as outlined in. 2024-09-16 10:17:53
Section 13.14. Point. 2024-09-16 10:17:56
It states that pursuant to the city. 2024-09-16 10:17:59
Ordinance regulating setbacks on coronal law. 2024-09-16 10:18:02
But the minimum corner set set back. 2024-09-16 10:18:05
For any structure on a public. 2024-09-16 10:18:08
A private road or a private lane? 2024-09-16 10:18:11
Shall be 20 feet. 2024-09-16 10:18:14
Or intent of this standard 20. 2024-09-16 10:18:17
Set by difference for main structures and. 2024-09-16 10:18:20
Corner lot is to save God. 2024-09-16 10:18:23
Public health, safety and welfare. 2024-09-16 10:18:26
By way of regulating that spacing of building. 2024-09-16 10:18:29
Things and structures our way from property lines. 2024-09-16 10:18:32
The right away physical hazards and natural. 2024-09-16 10:18:35
Ultimately, these. 2024-09-16 10:18:38
Facing revelations seek to provide for. 2024-09-16 10:18:41
Lighten shade. 2024-09-16 10:18:44
In air movement, the use of passes. 2024-09-16 10:18:47
And active spaces and vegetation in the city. 2024-09-16 10:18:50
Which would ultimately contribute to that. 2024-09-16 10:18:53
Directly impacting the fiscal. 2024-09-16 10:18:56
In psychological well-being of residents. 2024-09-16 10:18:59
City staff have determined that the critical factor is. 2024-09-16 10:19:02
Assessing conformance with the general purpose and. 2024-09-16 10:19:05
Intent of this ordinance. 2024-09-16 10:19:08
That the public safety element is compromised. 2024-09-16 10:19:11
In this scenario particularly regardless. 2024-09-16 10:19:14
In the club you restrictions and in. 2024-09-16 10:19:17
Attacks on traffic flow and pedestrian safety. 2024-09-16 10:19:20
Since this is on a corner lot. 2024-09-16 10:19:23
Now the first assessment was impact. 2024-09-16 10:19:26
Restrictions now. 2024-09-16 10:19:29
Of holidays to decode on Clearview restriction. 2024-09-16 10:19:32
Specified in section 13 Point. 2024-09-16 10:19:35
76.7108. 2024-09-16 10:19:38
One it states that no. 2024-09-16 10:19:41
Construction in excess of two feet. 2024-09-16 10:19:44
In height shall be placed within the report. 2024-09-16 10:19:47
Clearview area of the corner lot. 2024-09-16 10:19:50
Now our spatial analysis. 2024-09-16 10:19:53
But the proposed location of the main house. 2024-09-16 10:19:56
Does not conflict with. 2024-09-16 10:19:59
The provisions of the cloud view restrictions. 2024-09-16 10:20:02
On on public safety, so you can see. 2024-09-16 10:20:05
The assessment that we did on the screen. 2024-09-16 10:20:08
Restriction zone would be and whether. 2024-09-16 10:20:11
Proposed structure is going to be. 2024-09-16 10:20:14
More specifically, the building would be set. 2024-09-16 10:20:17
Set back at least 30 feet from the. 2024-09-16 10:20:20
West to east horizontal Clearview restrictions. 2024-09-16 10:20:23
And 14 feet from the north to. 2024-09-16 10:20:26
Clearview Restriction zone. 2024-09-16 10:20:29
And as you can see, that's the assessment. 2024-09-16 10:20:32
That we did based off of that Clearview assessment. 2024-09-16 10:20:35
The second analysis that. 2024-09-16 10:20:38
City staff dead was the impact of. 2024-09-16 10:20:41
This proposed development. 2024-09-16 10:20:44
On through traffic. 2024-09-16 10:20:47
And pedestrian safety now on. 2024-09-16 10:20:50
Analysis also indicates that the proposed location of this. 2024-09-16 10:20:53
Onto traffic now. Conclusion. 2024-09-16 10:20:59
Was made based on their characteristics of the road. 2024-09-16 10:21:02
Intersection at West. 2024-09-16 10:21:05
And the lower length the proposed. 2024-09-16 10:21:08
Structure is set to maintain a reduced. 2024-09-16 10:21:11
Set back on the east side of the property. 2024-09-16 10:21:14
Adjacent to Westmore Rd. 2024-09-16 10:21:17
Such traffic impacts and pedestrians 50. 2024-09-16 10:21:20
Should be primarily evaluated based on connect. 2024-09-16 10:21:23
And access from the corner of. 2024-09-16 10:21:26
Traveling northbound to. 2024-09-16 10:21:29
Westmore Rd. 2024-09-16 10:21:32
And abruptly after 150. 2024-09-16 10:21:35
Feet. So it's. It's not a connecting interface. 2024-09-16 10:21:38
On Westmore Rd. 2024-09-16 10:21:41
This suggests that the traffic to and from the corner. 2024-09-16 10:21:44
Delaware Lane to the northbound. 2024-09-16 10:21:47
Off Westmore Rd. Which? 2024-09-16 10:21:50
Be largely limited to generated. 2024-09-16 10:21:53
By two properties located at. 2024-09-16 10:21:56
On the east side of the applicants property, now these. 2024-09-16 10:21:59
Properties can be seen 49. 2024-09-16 10:22:02
11 S and 4920. 2024-09-16 10:22:05
Westmore Rd. 2024-09-16 10:22:08
Would be the the two neighboring. 2024-09-16 10:22:11
Properties where traffic would be generated because it's. 2024-09-16 10:22:14
Not a connecting thoroughfare now. 2024-09-16 10:22:17
Given that this portion of the traveling. 2024-09-16 10:22:20
Primarily sets as access for these two. 2024-09-16 10:22:23
Neighboring properties. City staff. 2024-09-16 10:22:26
Determined that the proposed structure would not. 2024-09-16 10:22:29
Can we affect through traffic? 2024-09-16 10:22:32
And safety in a manner that is detrimental to. 2024-09-16 10:22:35
To the public interest, so that. 2024-09-16 10:22:38
That's the nature of the road, that. 2024-09-16 10:22:41
Staff also shows us an exhibit. 2024-09-16 10:22:44
Now the next thing for city staff. 2024-09-16 10:22:47
Was to assess the application. 2024-09-16 10:22:50
Based off of the state. 2024-09-16 10:22:53
Criteria of the five part test variant. 2024-09-16 10:22:56
Now the first one is to. 2024-09-16 10:22:59
Describing what hardship is going to occur. 2024-09-16 10:23:02
The applicant is not granted this very authority. 2024-09-16 10:23:05
Exceptionally. 2024-09-16 10:23:08
Demonstration of unique circumstances. 2024-09-16 10:23:11
Or an unreasonable hardship. 2024-09-16 10:23:14
In it exceptionally hard to comply with the zoning. 2024-09-16 10:23:17
The applicant submitted through site plan. 2024-09-16 10:23:20
To demonstrate their burden of proof. 2024-09-16 10:23:23
The applicant contends. 2024-09-16 10:23:26
That with the required. 2024-09-16 10:23:29
On a side set back the footprints of their. 2024-09-16 10:23:32
Home would extend 3 feet. 2024-09-16 10:23:35
Outside of the permanent set back. 2024-09-16 10:23:38
Now they are. They submitted a site plan to show. 2024-09-16 10:23:41
How compliant compliance with the city. 2024-09-16 10:23:44
The ordinance would look like a technical review. 2024-09-16 10:23:48
Of the applicable zoning laws indicate that. 2024-09-16 10:23:50
Compliance with the corner site set back. 2024-09-16 10:23:53
Would require either a modification. 2024-09-16 10:23:56
You know the home buyers chosen building design. 2024-09-16 10:23:59
Or shipped in the building envelope westward. 2024-09-16 10:24:02
Of the subject property. 2024-09-16 10:24:05
This case would also fail to meet the site. 2024-09-16 10:24:09
Set back on the West side of the property. 2024-09-16 10:24:11
Now, while the first alternative. 2024-09-16 10:24:14
Addresses a self-imposed limitation. 2024-09-16 10:24:17
Due to design preferences, the second. 2024-09-16 10:24:21
Alternative would not allow compliance with the. 2024-09-16 10:24:24
Set back requirement on both the east. 2024-09-16 10:24:27
Sides of the property it is important. 2024-09-16 10:24:30
To consider that although the hardship. 2024-09-16 10:24:33
Condition cited by the applicant is not unique. 2024-09-16 10:24:36
To this specific property. 2024-09-16 10:24:39
For granting this exception should be evaluated at. 2024-09-16 10:24:42
In the context of limitations. 2024-09-16 10:24:45
On building rights. 2024-09-16 10:24:48
Project that justification for. 2024-09-16 10:24:51
Convincingly presented by the applicant. 2024-09-16 10:24:57
During the peering now we. 2024-09-16 10:25:00
Describing how the property is different. 2024-09-16 10:25:03
From other properties within the vicinity. 2024-09-16 10:25:06
Now, regarding the presence of special circumstances. 2024-09-16 10:25:09
Associated with the property or within the vicinity. 2024-09-16 10:25:12
The applicant has articulated that. 2024-09-16 10:25:15
Narrative that their property distinguishes itself. 2024-09-16 10:25:18
From other properties within the holiday peaks. 2024-09-16 10:25:21
Division by outlining the property. 2024-09-16 10:25:24
Characteristics Indian narrative now it is. 2024-09-16 10:25:27
Worth noting that the subject. 2024-09-16 10:25:30
Set similar size shape. 2024-09-16 10:25:33
Orientation characteristics. 2024-09-16 10:25:36
But that is directly across the street. 2024-09-16 10:25:39
In the subdivision to the South, which is large. 2024-09-16 10:25:42
Have indicated that log 10 which is. 2024-09-16 10:25:48
Adjacent property to the South. 2024-09-16 10:25:51
Would comply with all their set back requirements in. 2024-09-16 10:25:54
Including the prescribed standardized 20 feet corner. 2024-09-16 10:25:57
However. 2024-09-16 10:26:00
Significant characteristic relevant. 2024-09-16 10:26:03
Special circumstances that set. 2024-09-16 10:26:06
Property apart from this. 2024-09-16 10:26:09
Neighboring property is that. 2024-09-16 10:26:12
Is that the nature of their inter? 2024-09-16 10:26:15
Street that abuts the subject property. 2024-09-16 10:26:18
To the east is not a thoroughfare. 2024-09-16 10:26:21
Now the applicant submits that Westmore Rd. 2024-09-16 10:26:24
Does not continue as a. 2024-09-16 10:26:27
And terminate. 2024-09-16 10:26:30
To the end of the world, therefore, this distinction. 2024-09-16 10:26:33
Makes this subject a lot different. Incarcerated. 2024-09-16 10:26:36
From atypical corner lot. 2024-09-16 10:26:39
Disregard the circumstance would enable them to. 2024-09-16 10:26:42
Comply with the requirements of a standard. 2024-09-16 10:26:45
Side yard set back instead of a corner side. 2024-09-16 10:26:48
So. 2024-09-16 10:26:54
Based off of this narrative and justification. 2024-09-16 10:26:57
Application provided by the applicant city. 2024-09-16 10:27:00
Staff acknowledges that the termination. 2024-09-16 10:27:03
Wrote and that result in traffic flow. 2024-09-16 10:27:06
Makes the subject property somewhat unique in. 2024-09-16 10:27:09
Comparison to other typical corner lots in the city. 2024-09-16 10:27:12
Because the flow of. 2024-09-16 10:27:15
Westmore Rd. terminates abruptly even before. 2024-09-16 10:27:18
It retreats the end of the. 2024-09-16 10:27:21
The subject property to the north. 2024-09-16 10:27:24
3 starters of the opinion that granted an exception. 2024-09-16 10:27:27
Are based off of this criteria. 2024-09-16 10:27:30
And to the ordinance requirement. 2024-09-16 10:27:33
On corner side setbacks. 2024-09-16 10:27:36
Be carefully considered with emphasis on requiring. 2024-09-16 10:27:39
Compliance to side yard setbacks. 2024-09-16 10:27:42
So in other words, what we're saying is that. 2024-09-16 10:27:45
The country is proposing that this property is unique. 2024-09-16 10:27:48
In terms of not being. 2024-09-16 10:27:51
Says using the normal corner site that. 2024-09-16 10:27:54
City staff is of the opinion that. 2024-09-16 10:27:57
They should be assessed using SIDR set back. 2024-09-16 10:28:00
Just like any other property in Holiday. 2024-09-16 10:28:03
Now, the third criteria is that. 2024-09-16 10:28:06
The applicant would have to describe benefits that. 2024-09-16 10:28:09
Other properties in the vicinity of the. 2024-09-16 10:28:12
Expense of the applicant without a variant. 2024-09-16 10:28:15
Now in demonstrating how granted. 2024-09-16 10:28:18
Necessary to the enjoyment of substantial. 2024-09-16 10:28:21
Property rights possessed by other properties. 2024-09-16 10:28:24
In that same district now that. 2024-09-16 10:28:27
Not really applied to this effect. 2024-09-16 10:28:30
As previously noted, was 10, which is 3. 2024-09-16 10:28:33
Across the street is the only property. 2024-09-16 10:28:36
Within the subdivision and neighborhood. 2024-09-16 10:28:39
That sheds comparable characteristics. 2024-09-16 10:28:42
With the subject property, however. 2024-09-16 10:28:45
Lord Ken does not enjoy exceptional benefits. 2024-09-16 10:28:48
Or property rights of the expensive. 2024-09-16 10:28:51
The applicant's property. 2024-09-16 10:28:54
That granted the variance to the applicant. 2024-09-16 10:28:57
Under this criteria. 2024-09-16 10:29:00
Be essential to the substantial enjoyment of the. 2024-09-16 10:29:03
Property rights and common privileges and. 2024-09-16 10:29:06
By other properties in this vicinity. 2024-09-16 10:29:09
The 4th criteria is for the applicant to this. 2024-09-16 10:29:12
Describe why the variance would not be a deviation. 2024-09-16 10:29:15
From the general purpose of City of Holiday. 2024-09-16 10:29:18
Development code concerning the. 2024-09-16 10:29:21
The general plan that are not contrary to the public interest. 2024-09-16 10:29:25
The ordinance provision. 2024-09-16 10:29:27
Pertaining to setbacks, subsection 13. 2024-09-16 10:29:31
Point 14.057. 2024-09-16 10:29:33
Corner sites which is found in section. 2024-09-16 10:29:37
13 point 14.056. 2024-09-16 10:29:39
Are not explicitly captured in the general plan. 2024-09-16 10:29:42
Now, while these setbacks do not sign. 2024-09-16 10:29:45
Impact the general provisions in the class. 2024-09-16 10:29:48
Discussion surrounding setbacks in Neighborhood Field. 2024-09-16 10:29:52
Will always remain. 2024-09-16 10:29:54
Significant to public interest concerns. 2024-09-16 10:29:57
On the one hand, site level development standards. 2024-09-16 10:30:01
And location of structures within single family residential residential residential. 2024-09-16 10:30:04
Neighborhoods do not constitute substantial. 2024-09-16 10:30:07
Deviation from the city's general development code. 2024-09-16 10:30:10
And city staff analysis indicates. 2024-09-16 10:30:12
That granted the variance would not negatively impact. 2024-09-16 10:30:16
The provision of the. 2024-09-16 10:30:19
General plan or the public? 2024-09-16 10:30:22
Interest, so therefore not the purpose. 2024-09-16 10:30:25
Of the ordinance specified for. 2024-09-16 10:30:28
Corner lot. 2024-09-16 10:30:30
And the last criteria is for the applicant to describe. 2024-09-16 10:30:34
How the variance is fair and conformed? 2024-09-16 10:30:37
The general and overall intent of. 2024-09-16 10:30:40
Now in alignment with the general. 2024-09-16 10:30:43
Content of the zoning laws and. 2024-09-16 10:30:46
The supplementary evidence in this spatial analysis. 2024-09-16 10:30:49
Conducted by city staff shows that the request. 2024-09-16 10:30:52
That variant conforms to the overall intent of this. 2024-09-16 10:30:55
Zoning laws specifically pertaining to site. 2024-09-16 10:30:58
Setbacks the applicant proposed. 2024-09-16 10:31:01
I set back is going to meet. 2024-09-16 10:31:04
Side yard setbacks just like other properties. 2024-09-16 10:31:07
Now granting, the variance appears to be. 2024-09-16 10:31:10
To align with their intentions. Birth of the zoning order. 2024-09-16 10:31:13
Which seeks to promote equally important. 2024-09-16 10:31:16
Outcomes that protect traffic pedestrian safety. 2024-09-16 10:31:19
See and enhance cheesecake. 2024-09-16 10:31:22
1000 stock in the Community. 2024-09-16 10:31:25
Imagine the importance of finance in applying. 2024-09-16 10:31:28
Requirements from the city code. 2024-09-16 10:31:31
Finding the Purpose, Section 13.14. 2024-09-16 10:31:34
.050 which again. 2024-09-16 10:31:37
Advocates for variability and flexibility. 2024-09-16 10:31:40
Setbacks based off of the characteristics. 2024-09-16 10:31:43
Reduce equal outcomes now. 2024-09-16 10:31:46
Useful in rectifying disproportionate. 2024-09-16 10:31:49
Impact of applying uniform or. 2024-09-16 10:31:52
On the corner site setbacks for. 2024-09-16 10:31:55
A lot that unique. 2024-09-16 10:31:58
Characteristics in terms of being classified. 2024-09-16 10:32:01
At the corner site. Sit back now. City stop. 2024-09-16 10:32:04
Concludes that granting the variance to maintain the. 2024-09-16 10:32:07
12 feet side yard set back. 2024-09-16 10:32:10
Opposed to maintaining a ***** site set back. 2024-09-16 10:32:13
Would safeguard the fairness principles accommodate. 2024-09-16 10:32:16
While upholding the spirit of zoning infants. 2024-09-16 10:32:19
Conclusion from the city staff. 2024-09-16 10:32:22
Technical review of the city code. 2024-09-16 10:32:25
Process of the properties characteristic in context. 2024-09-16 10:32:28
And the adjoining roadway configuration as described. 2024-09-16 10:32:31
Shows that. 2024-09-16 10:32:34
Granted that 6.6 feet. 2024-09-16 10:32:37
Corner sites set by friends appears to be elite. 2024-09-16 10:32:40
Interested solution to upholding. 2024-09-16 10:32:43
The spirit of zoning. 2024-09-16 10:32:46
Line in meeting the other. 2024-09-16 10:32:49
Set back requirement which would be the. 2024-09-16 10:32:52
Set back now discussions regard. 2024-09-16 10:32:55
Request should be moderated by the abuse officer today. 2024-09-16 10:33:01
By examining the language of the code. 2024-09-16 10:33:04
As specified in section 13.14. 2024-09-16 10:33:07
050 and section 13 point. 2024-09-16 10:33:10
14.054. 2024-09-16 10:33:13
Narrative and the City staff recommendation. 2024-09-16 10:33:16
As well as their proceedings from there. 2024-09-16 10:33:19
Public hearing. 2024-09-16 10:33:22
From the city staff. 2024-09-16 10:33:22
Perspective and the subject. 2024-09-16 10:33:25
From the city staff perspective. 2024-09-16 10:33:28
Perspective The subject property. 2024-09-16 10:33:31
Unique circumstances to be treated differently. 2024-09-16 10:33:34
Friendly from a standard corner lot. 2024-09-16 10:33:37
And the variance request. 2024-09-16 10:33:40
Justified part test approval and therefore. 2024-09-16 10:33:43
Approval is recommended by city staff. 2024-09-16 10:33:46
Thank you. 2024-09-16 10:33:49
Question on on the Westmore Rd. 2024-09-16 10:33:52
On the dead end likelihood. 2024-09-16 10:33:55
Is that we'll never go through? Is that right? Because on the. 2024-09-16 10:33:58
End of. 2024-09-16 10:34:01
That street there is a another subdivision. 2024-09-16 10:34:04
So. 2024-09-16 10:34:07
It's not likely that Westmore Rd. will be a thorough. 2024-09-16 10:34:10
Going north, is that right? 2024-09-16 10:34:13
Not that I can not. Not that I can not. Likely, no. 2024-09-16 10:34:16
Likely, yeah, Not likely. Thank you. 2024-09-16 10:34:19
Applicant, thank you. 2024-09-16 10:34:22
Before I go to the store and I'm. 2024-09-16 10:34:25
First I'd like. 2024-09-16 10:34:31
Existing staff for your investigation through analysis. 2024-09-16 10:34:34
I'd like to be brief. 2024-09-16 10:34:37
The main argument that we have is that. 2024-09-16 10:34:40
While we recognize that. 2024-09-16 10:34:43
Sense this lot would be considered a corner lot. 2024-09-16 10:34:46
In practice, it doesn't meet. 2024-09-16 10:34:49
The necessary circumstances. 2024-09-16 10:34:52
That give Corny lots of more restrictive setbacks and a stand. 2024-09-16 10:34:55
Standard step back, if that. 2024-09-16 10:34:58
Showing the exhibit that shows the whole. 2024-09-16 10:35:01
Neighborhood. 2024-09-16 10:35:04
One thing I'd like to point out is that we have. 2024-09-16 10:35:07
Same property interest in this lot that is. 2024-09-16 10:35:10
Indicated in the red is the one that's directly. 2024-09-16 10:35:13
Which was Lot 10. 2024-09-16 10:35:16
We're not asking to make any changes. 2024-09-16 10:35:20
Or ask for any variances on that lot. 2024-09-16 10:35:22
Consider that that meets those special exceptions. 2024-09-16 10:35:25
Or, excuse me, special circumstances that require. 2024-09-16 10:35:28
Cornered lots to have a more. 2024-09-16 10:35:31
Corner side. We understand that that exists. 2024-09-16 10:35:34
The truth thoroughfare that both streets function. 2024-09-16 10:35:37
Completely out of the corner and why you would want to. 2024-09-16 10:35:41
City would want to have a more. 2024-09-16 10:35:43
Restrictive set back on that side. 2024-09-16 10:35:46
The case is not the same on the subject. 2024-09-16 10:35:50
Property this road wall. 2024-09-16 10:35:53
Exists on two sides of the. 2024-09-16 10:35:55
And where we come to the conclusion that the text. 2024-09-16 10:35:59
Corner side. 2024-09-16 10:36:02
Continue all the way through for the whole property. 2024-09-16 10:36:05
It terminates about 25 feet before the end. 2024-09-16 10:36:07
End of the lot and it functions only as a street. 2024-09-16 10:36:11
For one or five. 2024-09-16 10:36:14
Possibly two other properties so because. 2024-09-16 10:36:17
We have the same size as other lots in the community. 2024-09-16 10:36:20
In this particular subdivision, we're almost identical in. 2024-09-16 10:36:23
Side and in width we. 2024-09-16 10:36:26
We would hope that the city could recognize. 2024-09-16 10:36:29
That. 2024-09-16 10:36:32
Standard side yard setbacks should be applied in. 2024-09-16 10:36:35
Instead of taking the very technical approach that this is a corner lot. 2024-09-16 10:36:38
Where in practice it doesn't meet any of those. 2024-09-16 10:36:41
Special circumstances that would require. 2024-09-16 10:36:44
Additional imposition on building sites I appreciate. 2024-09-16 10:36:47
Take your time and different questions. Yeah, I have a question. What 10? 2024-09-16 10:36:50
So it is the. 2024-09-16 10:36:53
Building area. 2024-09-16 10:36:56
The building plan the same as other laws. 2024-09-16 10:36:59
Why wouldn't are you reducing the building area? 2024-09-16 10:37:02
For lot 10 by having the. 2024-09-16 10:37:05
Corner lot set back. 2024-09-16 10:37:08
In compliance of the 20 foot. 2024-09-16 10:37:11
Cornwall set back. 2024-09-16 10:37:14
It would be reduced to some degree, I mean, I guess. 2024-09-16 10:37:17
The city's building areas of 30%. 2024-09-16 10:37:20
But I guess it wouldn't change what typical. 2024-09-16 10:37:23
Building area would necessarily be, but it would. 2024-09-16 10:37:26
Change the way that you could Orient a home on the property. 2024-09-16 10:37:29
So we recognize that we would be limited on how we could Orient. 2024-09-16 10:37:32
A home on Lot 10? Well, why is it? 2024-09-16 10:37:35
Different on lot 10. How are you? Are you able to Orient? 2024-09-16 10:37:38
Home differently on lot 10 than. 2024-09-16 10:37:41
5. 2024-09-16 10:37:44
Current. 2024-09-16 10:37:47
No, they would be identical. 2024-09-16 10:37:50
Yeah, those two lots would be identical. 2024-09-16 10:37:53
So on lot 10. 2024-09-16 10:37:56
Umm. 2024-09-16 10:37:59
You're complying with the corner set. 2024-09-16 10:38:02
Back, yes, but. 2024-09-16 10:38:05
The building right, The building plan. 2024-09-16 10:38:08
Is the. 2024-09-16 10:38:11
Fame as all the other lots. 2024-09-16 10:38:14
Or is it reduced? I'm just trying to understand that. 2024-09-16 10:38:17
Sure, I guess the. 2024-09-16 10:38:20
That we're making is while we have the same. 2024-09-16 10:38:23
Lot size and characteristics. 2024-09-16 10:38:26
For lot 105 and 1:10. 2024-09-16 10:38:29
We're asking it to be recognized that. 2024-09-16 10:38:32
105 has a different setting circumstance. 2024-09-16 10:38:35
In that it doesn't have any thoroughfare. 2024-09-16 10:38:38
But I'm just trying to understand that the difference. 2024-09-16 10:38:41
I mean it's reducing the home size. 2024-09-16 10:38:44
The building area is that. 2024-09-16 10:38:47
Different on lot. 2024-09-16 10:38:50
10110. 2024-09-16 10:38:53
105 because we're saying that, well, we. 2024-09-16 10:38:56
We don't want to reduce the size of the building. 2024-09-16 10:38:59
Area on lot 105, that's one of the. 2024-09-16 10:39:02
Hardships, right? Sure. 2024-09-16 10:39:05
We recognize that lot 10 functions. 2024-09-16 10:39:08
Typical corner. 2024-09-16 10:39:11
Meets all of those standards that in zoning code. 2024-09-16 10:39:14
Require that there is more restrictive set back on top. 2024-09-16 10:39:17
We are saying for that. 2024-09-16 10:39:20
Same size. They should have the same set back unless they. 2024-09-16 10:39:23
Specific circumstance that occurred, that's the. 2024-09-16 10:39:26
Circumstance occurs on lot 10 and therefore. 2024-09-16 10:39:29
We recognize that that may have a more restrictive set back. 2024-09-16 10:39:32
That specific circumstance doesn't practically function online. 2024-09-16 10:39:35
105 and therefore we would suggest that we. 2024-09-16 10:39:38
Should be Yeah, I understand that. But my question is. 2024-09-16 10:39:41
If you were granted a very unwanted. 2024-09-16 10:39:44
1:05 with that home size. 2024-09-16 10:39:47
The design be the same as what? 2024-09-16 10:39:50
Is going in on lot 110. 2024-09-16 10:39:53
With the. 2024-09-16 10:39:56
Compliant with the corner block. 2024-09-16 10:39:59
Set back. That's my question. 2024-09-16 10:40:01
It would, it would not be. 2024-09-16 10:40:05
In home size or. 2024-09-16 10:40:08
The width would be limited. 2024-09-16 10:40:11
One 10110 a little more than. 2024-09-16 10:40:14
What would exist right now and want to exist on one? 2024-09-16 10:40:17
105 granting this variance OK. 2024-09-16 10:40:20
That's what I need to understand. 2024-09-16 10:40:23
All right. 2024-09-16 10:40:26
I have no other questions. Thank you. Thank you. 2024-09-16 10:40:29
City any more questions any? 2024-09-16 10:40:32
Just. 2024-09-16 10:40:35
Separate note, I've received some communication from our core. 2024-09-16 10:40:38
Courtroom if anyone in here is for court. 2024-09-16 10:40:41
Justice Court, this is not this room. 2024-09-16 10:40:44
The next one over. 2024-09-16 10:40:47
OK. 2024-09-16 10:40:50
Any other comments? 2024-09-16 10:40:53
Please. 2024-09-16 10:41:02
State your name and address for the record please. 2024-09-16 10:41:05
My name is Dan Brisbane and. 2024-09-16 10:41:08
And Sheila states lot. 2024-09-16 10:41:11
One at the end of Metamorph. 2024-09-16 10:41:14
Or Wetmore Rd. So my question is. 2024-09-16 10:41:17
What house is going in there? 2024-09-16 10:41:20
We haven't seen anything that would tell us the shape. 2024-09-16 10:41:23
And size and characteristics of the home. 2024-09-16 10:41:26
They're proposing and I don't know if they're. 2024-09-16 10:41:29
All the same home or. 2024-09-16 10:41:32
They will have little changes here in here. 2024-09-16 10:41:35
There how tall they will be and. 2024-09-16 10:41:38
So we would like to see. 2024-09-16 10:41:41
Going in so that we can understand. 2024-09-16 10:41:44
What our neighbors are going to be and. 2024-09-16 10:41:47
Where they're gonna live? Yeah, mitigations. 2024-09-16 10:41:50
Yeah, I can have Mr. Gamble. 2024-09-16 10:41:53
Answer that question. However, the purpose of this. 2024-09-16 10:41:56
Hearing is. 2024-09-16 10:41:59
On a specified. 2024-09-16 10:42:02
Issue and that is whether set back is. 2024-09-16 10:42:05
There's a variance for a set back. 2024-09-16 10:42:08
Nothing to do with, you know, the building plans itself. 2024-09-16 10:42:11
They have building plans and they want to. 2024-09-16 10:42:17
Exercise the right to do those building plans. 2024-09-16 10:42:20
But Mr. Gamblers, you have. 2024-09-16 10:42:23
Answer his question. 2024-09-16 10:42:26
Follow this OK. 2024-09-16 10:42:29
How many times? 2024-09-16 10:42:32
Exactly. 2024-09-16 10:42:38
As we mentioned, we haven't committed a building permit because. 2024-09-16 10:42:42
Will not. 2024-09-16 10:42:48
Understood and all. 2024-09-16 10:42:56
Rack, there's no very good question. 2024-09-16 10:43:00
My understanding was that. 2024-09-16 10:43:09
They would all be on Delaware. 2024-09-16 10:43:12
Facing Delaware and Delaware address. 2024-09-16 10:43:15
You're saying that this particular home. 2024-09-16 10:43:18
Would be a Westmore address is an. 2024-09-16 10:43:21
Entry from Westmore? Or would the entry does a lot be from? 2024-09-16 10:43:24
Delaware. 2024-09-16 10:43:27
So you too. 2024-09-16 10:43:30
On the flight, planes included right away. 2024-09-16 10:43:33
OK, but the front door would be on West. 2024-09-16 10:43:42
And it would have a Westmore address. 2024-09-16 10:43:48
I'm not sure about that. 2024-09-16 10:43:51
Introduced early on in this meeting. 2024-09-16 10:44:03
Clarify that address that was submitted from the. 2024-09-16 10:44:06
How do I suggest? 2024-09-16 10:44:15
And it probably isn't a time or place. 2024-09-16 10:44:21
That at dead end. 2024-09-16 10:44:24
Who is going to own that? Take care of it. 2024-09-16 10:44:27
Yeah, I don't believe that's been decided, although I do notice. 2024-09-16 10:44:30
The applicant has mentioned that possibility. 2024-09-16 10:44:33
But. 2024-09-16 10:44:36
To be determined by the city and the applicant at a later. 2024-09-16 10:44:39
And I'm sure that you'll be involved in that as well. 2024-09-16 10:44:42
In that discussion, but that is not the issue for. 2024-09-16 10:44:45
Day. Yep. Thank you. 2024-09-16 10:44:48
Yes. 2024-09-16 10:44:51
This guy told me. 2024-09-16 10:44:54
Your name and address 4412 S. 2024-09-16 10:44:57
Briarwood Circle. This is on the issue. 2024-09-16 10:45:00
Right before this one I might have missed. 2024-09-16 10:45:03
Yeah, you did. Yeah. Well, no, I was here, but. 2024-09-16 10:45:06
We didn't open it up to discussion. Yeah. 2024-09-16 10:45:09
And I've got a bunch of angry neighbors texting me saying how? 2024-09-16 10:45:12
Did they pass this without a forum to speak? 2024-09-16 10:45:15
About it building the big old house on the side. 2024-09-16 10:45:18
Sidewalk and I'm wondering if if there's a four. 2024-09-16 10:45:21
Where we're going to be able to vote or if we can push that back. 2024-09-16 10:45:24
To have some time to discuss. 2024-09-16 10:45:27
The house directly South of that property. 2024-09-16 10:45:30
And so they'll be 8 feet from us, which is which is close but with this. 2024-09-16 10:45:33
Other variants to 28% increase. 2024-09-16 10:45:36
Being closer to the sidewalk for two-story. 2024-09-16 10:45:39
That's pretty big, yeah. 2024-09-16 10:45:42
There probably is no more hearing. 2024-09-16 10:45:45
I mean, there may be other avenues, but. 2024-09-16 10:45:48
There will not be another hearing on that by. 2024-09-16 10:45:51
Internally by the city. 2024-09-16 10:45:54
OK, Mr. McMurray, I'll be happy to speak with him now. 2024-09-16 10:45:57
In the hall, if you'd like. All right, thank you. Thank you. 2024-09-16 10:46:00
Thank you. 2024-09-16 10:46:03
All right. 2024-09-16 10:46:06
Yes. 2024-09-16 10:46:09
My name is Gordon Seibert. I own the property. 2024-09-16 10:46:15
Directly South of. 2024-09-16 10:46:18
Lot 10. Proposed Lot 10. 2024-09-16 10:46:21
And I guess I'm still confused as to. 2024-09-16 10:46:24
Why? I believe that we've been told that they're not. 2024-09-16 10:46:27
Gonna ask for a variance on lot 10. 2024-09-16 10:46:30
Why are they asking one for lot 5 other than? 2024-09-16 10:46:33
More land. 2024-09-16 10:46:36
I don't get it. 2024-09-16 10:46:36
Mr. Bruce. 2024-09-16 10:46:39
Gmail. 2024-09-16 10:46:42
Block heavy Dougie, always the circumstances. 2024-09-16 10:46:45
How are they not both sides? 2024-09-16 10:47:03
How are they not both corner sites? 2024-09-16 10:47:06
Our concept here is. 2024-09-16 10:47:09
The road is not continued through the entire way. 2024-09-16 10:47:12
Last time. 2024-09-16 10:47:18
Where we would have those traffic. 2024-09-16 10:47:21
Those things you know just from all. 2024-09-16 10:47:24
OK. Thank you. 2024-09-16 10:47:30
Any other comments? 2024-09-16 10:47:36
Alright, I'm gonna need. 2024-09-16 10:47:39
Eat a few minutes so if you were. 2024-09-16 10:47:42
I wanted to state something for the record though, yes. 2024-09-16 10:47:45
It's never more I think that. 2024-09-16 10:47:48
One thing that should be made clear to the general public. 2024-09-16 10:47:51
Is that the applicant is not. 2024-09-16 10:47:54
Requesting to gain more land. 2024-09-16 10:47:57
Or encourage into the public right away. 2024-09-16 10:48:00
They're asking for the interpretation. 2024-09-16 10:48:03
City ordinance. 2024-09-16 10:48:06
To assess in the setbacks of the property. 2024-09-16 10:48:09
Now basically what they're saying is they're request. 2024-09-16 10:48:12
That the city assess. 2024-09-16 10:48:15
The east side of the property using a standard. 2024-09-16 10:48:18
Side yard set back which they're going to comply with. 2024-09-16 10:48:21
Instead of a corner instead of a corner. 2024-09-16 10:48:24
Sight set back. Thank you Mr. before Things. 2024-09-16 10:48:27
Yeah. Thank you. 2024-09-16 10:48:30
Right. 2024-09-16 10:48:30
If you would just give me a few minutes. 2024-09-16 10:48:33
Thank you. 2024-09-16 10:48:36
Umm. 2024-09-16 10:49:34
OK, the secret. 2024-09-16 10:49:40
Is everything OK? Yeah, yeah. 2024-09-16 10:49:46
Alright. 2024-09-16 10:50:10
Thank you. Thanks for that time. 2024-09-16 10:50:13
So the. 2024-09-16 10:50:16
I will have a written opinion of. 2024-09-16 10:50:19
That will supersede anything I say for the record today. 2024-09-16 10:50:22
And I'll provide that written opinion to. 2024-09-16 10:50:25
City and to the applicant, hopefully. 2024-09-16 10:50:28
With him, well, I within 5 business days I'll have. 2024-09-16 10:50:31
You a written opinion, but I am prepared to. 2024-09-16 10:50:34
At least verbally state for the record. 2024-09-16 10:50:37
Decision, but again, remember. 2024-09-16 10:50:40
Written opinion supersedes what I say. 2024-09-16 10:50:43
Today, so the holiday height. 2024-09-16 10:50:46
In LLC file a request for variance. 2024-09-16 10:50:49
Under section 13.14, point 05. 2024-09-16 10:50:52
Seven of the city code of holiday. 2024-09-16 10:50:55
Utah requiring a minimum set back of. 2024-09-16 10:50:58
20 feet on the east side of the applicants property was. 2024-09-16 10:51:01
Characterized under the code. 2024-09-16 10:51:04
Side on a public St. private road. 2024-09-16 10:51:07
Or private lane. The applicant wants a variance tool. 2024-09-16 10:51:10
Allow the east side of applicants probably have a minimum. 2024-09-16 10:51:13
Set back of 12.4 feet. 2024-09-16 10:51:16
Which would be equivalent to a regular. 2024-09-16 10:51:19
Fact that is not a corner side. 2024-09-16 10:51:22
Section 13.1. Point. 2024-09-16 10:51:25
5-6 of the code like correct so far. 2024-09-16 10:51:28
OK, ah. 2024-09-16 10:51:31
So under the state criteria. 2024-09-16 10:51:37
If applicant is required to meet the corner, step back. 2024-09-16 10:51:40
On applicants property as prescribed. 2024-09-16 10:51:43
13.14 Point 057. 2024-09-16 10:51:46
Applicant would be unable to build the. 2024-09-16 10:51:49
Building designs similar to other properties in the subdivision. 2024-09-16 10:51:52
Can shift at the building envelope W it could not come. 2024-09-16 10:51:58
Plywood the set back requirements on the West side of the app. 2024-09-16 10:52:01
Property, so the unreasonable. 2024-09-16 10:52:04
Hardship is limitation on the applicants. 2024-09-16 10:52:07
N. 2024-09-16 10:52:10
The opposite property. 2024-09-16 10:52:13
Uh. 2024-09-16 10:52:16
The special circumstance attached. 2024-09-16 10:52:19
Applicants property is that limited? 2024-09-16 10:52:22
And the pedestrian traffic. 2024-09-16 10:52:25
Streets, unlike regular cross streets, contemplate. 2024-09-16 10:52:28
By the code Westmore Rd. 2024-09-16 10:52:31
Dead ends and does not. 2024-09-16 10:52:34
Applicants property with more. 2024-09-16 10:52:37
Road will likely never be a thoroughfare. 2024-09-16 10:52:40
That's the only public benefit of what's more. 2024-09-16 10:52:43
Road along applicant property is. 2024-09-16 10:52:46
For applicants property and other property. 2024-09-16 10:52:49
Properties on the east side of Westmore Rd. 2024-09-16 10:52:52
Another subdivision. 2024-09-16 10:52:55
Limited use of Westmore Rd. is different from most corners. 2024-09-16 10:52:58
Sides that need clear vision do do. 2024-09-16 10:53:01
Vehicular and pedestrian clap. 2024-09-16 10:53:04
Without. 2024-09-16 10:53:07
Variance. The applicant will not enjoy the building, right? 2024-09-16 10:53:10
Possessed by other property in the same zone. 2024-09-16 10:53:13
Must have to mention a lot. 2024-09-16 10:53:16
110 The applicant. 2024-09-16 10:53:19
Has acknowledged that. 2024-09-16 10:53:22
Of vehicular traffic on lot 110 is different than. 2024-09-16 10:53:25
105 and therefore it will comply. 2024-09-16 10:53:28
Why with that dead corner lot requirement online? 2024-09-16 10:53:31
110. 2024-09-16 10:53:34
Uh, so GRA. 2024-09-16 10:53:34
Variance will not be contrary to public interest. 2024-09-16 10:53:37
Due to the limited use of Westmore Rd. North. 2024-09-16 10:53:40
Found requiring regular side set back. 2024-09-16 10:53:43
The greater corner by your cut back. 2024-09-16 10:53:46
Would not impact. 2024-09-16 10:53:49
Public safety or clear? 2024-09-16 10:53:52
Restrictions that has been represented. 2024-09-16 10:53:55
By the city so. 2024-09-16 10:53:58
The code. 2024-09-16 10:54:01
Is instruction is to be flexible. 2024-09-16 10:54:04
Produce equal outcome that is relevant. 2024-09-16 10:54:07
With uniform set back standards. 2024-09-16 10:54:10
Disproportionately affect properties with unique characteristics. 2024-09-16 10:54:13
Granting a variance to. 2024-09-16 10:54:16
Financial justice is done while I'll pull the. 2024-09-16 10:54:19
In the spirit of the zoning ordinance. 2024-09-16 10:54:22
So it is determined that. 2024-09-16 10:54:25
The applicant has met. 2024-09-16 10:54:28
The five conditions. 2024-09-16 10:54:31
Justifying. 2024-09-16 10:54:34
A variant. 2024-09-16 10:54:37
Ordinarily, the applicant is granted a variance for applicants. 2024-09-16 10:54:40
Property That's being Law 105. 2024-09-16 10:54:43
From the. 2024-09-16 10:54:46
13.14 Point 057. 2024-09-16 10:54:49
Of the code as follows, the east side set back about. 2024-09-16 10:54:52
Applicants property shall be a minimum of 12.4. 2024-09-16 10:54:55
That's the regular side. 2024-09-16 10:54:58
Rather than the 20 feet required for. 2024-09-16 10:55:01
Corner side under section 13.14. 2024-09-16 10:55:04
4.057 of the code. 2024-09-16 10:55:07
These are those correct? OK. 2024-09-16 10:55:11
Applicant shall comply with all. 2024-09-16 10:55:13
Applicable provisions of the code include. 2024-09-16 10:55:17
Secured securing the required building permit. 2024-09-16 10:55:20
Any questions? 2024-09-16 10:55:22
OK. Thank you. 2024-09-16 10:55:25
There be no further business. This meeting is adjourned. 2024-09-16 10:55:29
Link
Start video at
Social
Embed

* you need to log in to manage your favorites

My Favorites List
You haven't added any favorites yet. Click the "Add Favorite" button on any media page, and they'll show up here.
* use Ctrl+F (Cmd+F on Mac) to search in document
Loading...
Unable to preview the file.
* use Ctrl+F (Cmd+F on Mac) to search in document
Loading...
Unable to preview the file.
Now, this flexibility is particularly. 2024-09-16 09:54:40
Relevant when the uniform setbacks fund that. 2024-09-16 09:54:43
Disproportionately affect properties with. 2024-09-16 09:54:46
Unique shape and characteristics. 2024-09-16 09:54:49
Belief that granted the variance to maintain. 2024-09-16 09:54:52
The proposed 25.25 feet set back. 2024-09-16 09:54:55
That would be key to ensuring that the fairness. 2024-09-16 09:54:58
Principle is accommodated while upholding the. 2024-09-16 09:55:01
Spirit of the zoning intent. 2024-09-16 09:55:04
Recommendations City staff concluded that a big. 2024-09-16 09:55:07
Based off of the technical review of the city code. 2024-09-16 09:55:10
Of the geospatial characteristics of the context. 2024-09-16 09:55:13
Granting the 7.2 variant. 2024-09-16 09:55:16
For the front yard appears to be the. 2024-09-16 09:55:19
Least intrusive solution to upholding the. 2024-09-16 09:55:22
Period of zoning as outlined in Section 30. 2024-09-16 09:55:25
3 point 14.050 now. 2024-09-16 09:55:28
Discussions regarding denials. 2024-09-16 09:55:31
Of this case should be moderated by the administration. 2024-09-16 09:55:34
Cities appeals here in officer by examining. 2024-09-16 09:55:37
The language of the city code the applicants. 2024-09-16 09:55:40
Narrative to be presented to us stuff. 2024-09-16 09:55:43
Recommendation and the proceedings from the public here. 2024-09-16 09:55:46
As well as other submissions that I received here. 2024-09-16 09:55:49
From the city staff's perspective. 2024-09-16 09:55:52
The subject property possesses unique characteristics. 2024-09-16 09:55:55
From others within the vicinity. 2024-09-16 09:55:58
I would circle and requiring compliance with the city. 2024-09-16 09:56:01
Code presents an unreasonable hardship. 2024-09-16 09:56:04
This variance request. 2024-09-16 09:56:07
Seems to pass the five part test. 2024-09-16 09:56:10
For variance standards and city staff, Richard. 2024-09-16 09:56:13
Approval. Thank you. Thank. 2024-09-16 09:56:16
Before I have a question for you. 2024-09-16 09:56:19
In regards to the special circumstance. 2024-09-16 09:56:22
You indicated that. 2024-09-16 09:56:25
At the rectangular shape. 2024-09-16 09:56:28
Lot is being assessed relative to irregular sheep. 2024-09-16 09:56:31
Plot within the cul-de-sac. 2024-09-16 09:56:34
Elongated with pie shaped front, Yeah. 2024-09-16 09:56:37
Mentioned orientation, will you expand on what? 2024-09-16 09:56:40
Is that an irregular orientation or what do you? 2024-09-16 09:56:43
Referring to there And why is that? 2024-09-16 09:56:46
Special or unique to this property? 2024-09-16 09:56:49
Yeah, that'd be great. 2024-09-16 09:56:52
Yeah, so ask you to. 2024-09-16 09:56:55
But but. 2024-09-16 09:56:58
So. 2024-09-16 09:57:01
The different properties within the. 2024-09-16 09:57:04
That's why I would circle. 2024-09-16 09:57:07
You are pretty nerd according to you. 2024-09-16 09:57:10
You revolve? I think so. 2024-09-16 09:57:13
That means that on the rear side of the property is. 2024-09-16 09:57:16
Large and it taper to the front. 2024-09-16 09:57:19
Now, according to Studio Holiday. 2024-09-16 09:57:22
Set back to comment. 2024-09-16 09:57:25
We are supposed to use that with. 2024-09-16 09:57:28
Property determined side of that. 2024-09-16 09:57:31
And then after we do know that. 2024-09-16 09:57:34
Yeah, that's 14. 2024-09-16 09:57:37
It's working. 2024-09-16 09:57:43
No, as you can see. 2024-09-16 09:57:46
Property question is. 2024-09-16 09:57:49
So. 2024-09-16 09:57:52
Phase of the plot, so. 2024-09-16 09:57:58
And again. 2024-09-16 09:58:01
To identify from the analysis of that. 2024-09-16 09:58:04
The loss that seemed to be. 2024-09-16 09:58:07
Similar to the applicant property question. 2024-09-16 09:58:10
What's this neighboring property which is also shared in? 2024-09-16 09:58:13
When you. 2024-09-16 09:58:17
This applicant. 2024-09-16 09:58:25
This neighboring property actually has very. 2024-09-16 09:58:28
Approximately 15.1928. 2024-09-16 09:58:35
So those were. 2024-09-16 09:58:38
Right, so I understand it'd be. 2024-09-16 09:58:44
Because of these unique characteristics. 2024-09-16 09:58:47
When you do the averaging calculation. 2024-09-16 09:58:50
And under section 13.14. 2024-09-16 09:58:52
.04054. 2024-09-16 09:58:56
The result is somewhat skewed. 2024-09-16 09:58:59
Because you're assuming that you're. 2024-09-16 09:59:02
Normally, that statute applies to regularly shaped. 2024-09-16 09:59:05
That's correct. What's correct? 2024-09-16 09:59:08
I need to understand that. OK. Thank you, Mr. Ford. 2024-09-16 09:59:11
Appreciate it. 2024-09-16 09:59:13
The applicant. 2024-09-16 09:59:14
Uh. 2024-09-16 09:59:29
I think the basic. 2024-09-16 09:59:32
Ideas of what we're. 2024-09-16 09:59:35
Playing for today have been very well outlined by the city. 2024-09-16 09:59:38
Unfortunately, because of. 2024-09-16 09:59:41
Other scheduling conflicts. 2024-09-16 09:59:44
Person who wrote this narrative was. 2024-09-16 09:59:47
Unable to be with us, but I'll share some of the key points. 2024-09-16 09:59:50
He, he, the architect and. 2024-09-16 09:59:53
The owner worked through to come. 2024-09-16 09:59:56
Up with these points. 2024-09-16 09:59:58
Umm. 2024-09-16 09:59:59
Obviously we're requesting a. 2024-09-16 10:00:02
To reduce the setbacks. 2024-09-16 10:00:05
Umm. 2024-09-16 10:00:08
The. 2024-09-16 10:00:14
From other properties, the lot was subdivided into. 2024-09-16 10:00:20
Two lots, the shape of the shape and being of the corner. 2024-09-16 10:00:23
Is being unique to this neighborhood. 2024-09-16 10:00:26
As mentioned above, the code requirement is 20 feet set back for the. 2024-09-16 10:00:29
Corner lots. The other lots used in the established. 2024-09-16 10:00:32
Established the average setbacks are located. 2024-09-16 10:00:35
Within the cul-de-sac and have varying front yard set back. 2024-09-16 10:00:38
Conditions. 2024-09-16 10:00:40
There was an attached site plan that's been displayed. 2024-09-16 10:00:44
Today benefits. 2024-09-16 10:00:47
And other other properties, same zoning. Enjoy. 2024-09-16 10:00:50
The neighbor across the street, 4405 S. 2024-09-16 10:00:53
Briarwood Circle is a corner. 2024-09-16 10:00:56
Lot it has an average set back of. 2024-09-16 10:00:59
Two feet. It will enhance the. 2024-09-16 10:01:02
Visual quality of the neighborhood and will add value to the. 2024-09-16 10:01:05
This will allow the structure of that. 2024-09-16 10:01:08
Property owners to enjoy. 2024-09-16 10:01:11
The other thing is that not to deviate from the general purpose. 2024-09-16 10:01:14
To the holiday holiday code, the purpose proposed. 2024-09-16 10:01:17
Home with the variance would still comply with. 2024-09-16 10:01:20
All holiday codes, including including site coverage. 2024-09-16 10:01:23
Impermeable service requirements. Height limits. 2024-09-16 10:01:26
And view corridor requirements it will comply. 2024-09-16 10:01:29
With code. With code 20 foot corner. 2024-09-16 10:01:32
Side setbacks. 2024-09-16 10:01:35
Umm. 2024-09-16 10:01:50
The owners obviously not here. 2024-09-16 10:01:53
But the owner? 2024-09-16 10:01:56
My experience has been building in holiday. 2024-09-16 10:01:59
10 to 15 years and. 2024-09-16 10:02:02
Feel that the projects that I've been involved with. 2024-09-16 10:02:05
Have been a benefit to the City of Holiday. 2024-09-16 10:02:08
In addition to that the the owner. 2024-09-16 10:02:11
Just feed me on her behalf. 2024-09-16 10:02:14
Amazing access to that neighborhood. She's just a great person. 2024-09-16 10:02:17
Person and I'd love to have her as a neighbor myself. 2024-09-16 10:02:20
That's all question. 2024-09-16 10:02:23
So the law requires. 2024-09-16 10:02:26
Not only hardship, and I think I understand the hardship you can't do. 2024-09-16 10:02:29
Home that you. 2024-09-16 10:02:32
Have designed, but the other question is what? 2024-09-16 10:02:35
The special circumstance. 2024-09-16 10:02:38
Unique. 2024-09-16 10:02:38
Of this property that causes this hardship. 2024-09-16 10:02:41
Will you address what that special circumstance? 2024-09-16 10:02:44
To your property. 2024-09-16 10:02:47
Yeah, I think Justice was able to out like that. 2024-09-16 10:02:50
Fairly well, but the special circumstances. 2024-09-16 10:02:53
Is the unique? 2024-09-16 10:02:56
Shape of the lot and. 2024-09-16 10:02:59
Corner the corner set back requirements. 2024-09-16 10:03:02
With the front yard. 2024-09-16 10:03:05
Regard to the pie shake homes. 2024-09-16 10:03:08
Was outlined already. 2024-09-16 10:03:11
The hardship falls where. 2024-09-16 10:03:14
You would want to build a home that is. 2024-09-16 10:03:17
Beautiful and complements the neighborhood. 2024-09-16 10:03:20
But would also not allow that owner to have. 2024-09-16 10:03:23
Any sort of a backyard. 2024-09-16 10:03:26
Thank you. 2024-09-16 10:03:29
Any other comments from the city? 2024-09-16 10:03:32
All right. 2024-09-16 10:03:35
I'm going to. Could you give me a couple of minutes just to? 2024-09-16 10:03:42
Get my thoughts together on this and. 2024-09-16 10:03:44
Bye bye. 2024-09-16 10:05:03
Alright. 2024-09-16 10:05:06
We're back on the record. 2024-09-16 10:05:09
Will have a written decision. I will provide that to. 2024-09-16 10:05:12
The party that really. 2024-09-16 10:05:15
Decision should be available to you within. 2024-09-16 10:05:18
Five business days, I should have that. 2024-09-16 10:05:21
But I am ready to. 2024-09-16 10:05:24
State verbally. 2024-09-16 10:05:27
The decision. 2024-09-16 10:05:30
Decision will supersede what I state for the record. 2024-09-16 10:05:33
Today. But I think you want a decision so today. 2024-09-16 10:05:36
So. 2024-09-16 10:05:39
But the applicant has filed a request for a variance. 2024-09-16 10:05:42
Under section 13.14. 2024-09-16 10:05:45
04 of the city code. 2024-09-16 10:05:48
Utah requiring a minimum front set back. 2024-09-16 10:05:51
32.53 feet. 2024-09-16 10:05:54
Structures of the property line and the applicant request of their. 2024-09-16 10:05:57
And to allow for a front yard set back of. 2024-09-16 10:06:00
25.25 feet and stop me if I don't have. 2024-09-16 10:06:03
This correctly. 2024-09-16 10:06:06
African is required to meet the front yard set. 2024-09-16 10:06:12
Prescribed by section 13.14. 2024-09-16 10:06:15
.054 of the code. 2024-09-16 10:06:18
African cannot build a home that they had planned. 2024-09-16 10:06:21
The city has India. 2024-09-16 10:06:24
Indicated that this is a reasonably sized. 2024-09-16 10:06:27
Home compared to other homes on the cold affect. 2024-09-16 10:06:30
And so it would be an unreasonable heart. 2024-09-16 10:06:33
Prevent applicant from building reasonably sized. 2024-09-16 10:06:36
Tone. The issue is the surface. 2024-09-16 10:06:39
Fans peculiar to applicants property. 2024-09-16 10:06:42
The circumstances. 2024-09-16 10:06:45
Peculiar to applicants property causing a. 2024-09-16 10:06:48
Is a somewhat skewed result. 2024-09-16 10:06:51
The averaging system calculation. Infection. 2024-09-16 10:06:54
13.14. 2024-09-16 10:06:57
4.054 The code to determine the request. 2024-09-16 10:07:00
Back requirement applicants. 2024-09-16 10:07:06
Corner lot is assessed relative to irate. 2024-09-16 10:07:09
Shaped lots within a cul-de-sac that are. 2024-09-16 10:07:12
Elongated with pie shaped front. 2024-09-16 10:07:15
The calculation provided in Section 3. 2024-09-16 10:07:18
15.14 point 04 assumes comparison comparison. 2024-09-16 10:07:21
Of similar properties with regular shape front law. 2024-09-16 10:07:24
This circumstance is not self-imposed. 2024-09-16 10:07:27
Or economic. 2024-09-16 10:07:30
The. 2024-09-16 10:07:33
Neighboring property across the street from applicants property. 2024-09-16 10:07:36
In the same cold as that currently has a required. 2024-09-16 10:07:39
Set back of 20.2. 2024-09-16 10:07:42
That right and the properties on the. 2024-09-16 10:07:45
South and east side of the applicant's property have front yard set. 2024-09-16 10:07:48
Back to 22 feet and 16 feet. 2024-09-16 10:07:51
Respectively. 2024-09-16 10:07:54
Of 25.25 feet will. 2024-09-16 10:07:57
Provide the applicant with substantial enjoyment of property right. 2024-09-16 10:08:00
Similar to those enjoyed by the Prop. 2024-09-16 10:08:03
Parties in the zone. 2024-09-16 10:08:06
This variant would not change. 2024-09-16 10:08:09
The character and development pattern of the neighborhood. 2024-09-16 10:08:12
And I stated the code. 2024-09-16 10:08:15
Instruction to be flexible to produce equal. 2024-09-16 10:08:18
Outcome is relevant when uniform set back. 2024-09-16 10:08:21
Standards would disproportionately affect properties. 2024-09-16 10:08:24
Unique shapes and characteristics. 2024-09-16 10:08:27
Granting a variance would ensure that the. 2024-09-16 10:08:30
Financial justice is done while holding the spirit. 2024-09-16 10:08:33
Of the zoning ordinance. 2024-09-16 10:08:36
So the decision is that. 2024-09-16 10:08:39
The applicant has met the burden. 2024-09-16 10:08:42
Approving 5 conditions justifying the. 2024-09-16 10:08:45
Variant accordingly. 2024-09-16 10:08:48
Applicant is granted a variance for. 2024-09-16 10:08:51
Property and the literal enforcement of section 13. 2024-09-16 10:08:54
.1404 the code as far. 2024-09-16 10:08:57
The front yard set back about the. 2024-09-16 10:09:00
Property shall be a minimum 25.5. 2024-09-16 10:09:03
Feet rather than the minimum. 2024-09-16 10:09:06
32.50 feet. 2024-09-16 10:09:09
Repeat required in section 13. 2024-09-16 10:09:12
14.054 of the code. 2024-09-16 10:09:15
Which is a variance of 77 point. 2024-09-16 10:09:18
To 8 feet applicant shall complete. 2024-09-16 10:09:21
Why with all other applicable provisions of the code? 2024-09-16 10:09:24
Including securing the required building permit. 2024-09-16 10:09:27
Thank you. 2024-09-16 10:09:30
OK, the next item on the agenda is. 2024-09-16 10:09:42
The Holiday heights subsidy. 2024-09-16 10:09:45
In at the Holiday Peaks corner side set back. 2024-09-16 10:09:48
Variant. 2024-09-16 10:09:51
Representatives from the applicant here. 2024-09-16 10:09:54
Again, for the record. 2024-09-16 10:10:09
Goose was making this presentation. 2024-09-16 10:10:13
City planner, thank you. 2024-09-16 10:10:18
Jonathan Trailing Community Economic. 2024-09-16 10:10:21
And for the applicant. 2024-09-16 10:10:24
OK. 2024-09-16 10:10:37
First of all, I I want to. 2024-09-16 10:10:39
State, for the record, that I, the hearing officer. 2024-09-16 10:10:43
Have no conflicts of interest. 2024-09-16 10:10:46
Communicated with the city only for purposes of scheduling. 2024-09-16 10:10:49
And receiving materials. 2024-09-16 10:10:51
Under. 2024-09-16 10:10:55
Utah code and the Holiday City code. 2024-09-16 10:10:58
Excuse me? 2024-09-16 10:11:01
Uh. 2024-09-16 10:11:07
A duly appointed administrative appeals. 2024-09-16 10:11:12
Their self here and decide requests for variance. 2024-09-16 10:11:16
My name is Frank McNamara. 2024-09-16 10:11:19
Appointed administrative appeals officer for. 2024-09-16 10:11:22
Holiday city I do have. 2024-09-16 10:11:25
Information that has been presented to me, it's. 2024-09-16 10:11:28
The applicants. 2024-09-16 10:11:31
And the information they provided and. 2024-09-16 10:11:34
Also a city staff report. Did you get a copy? 2024-09-16 10:11:37
City staff report OK, so. 2024-09-16 10:11:40
So we shall that will be available. 2024-09-16 10:11:43
For my review and consideration. 2024-09-16 10:11:46
So we begin with the city making a presentation. 2024-09-16 10:11:49
To four. 2024-09-16 10:11:51
Thank you. 2024-09-16 10:11:58
Very much so this is. 2024-09-16 10:12:01
The case number 2 on the agenda today. 2024-09-16 10:12:04
And this is a corner side. 2024-09-16 10:12:07
Set back variant application. 2024-09-16 10:12:10
The address for the subject property is. 2024-09-16 10:12:13
4930 SW Rd. 2024-09-16 10:12:16
Holiday, Utah zip code 84117. 2024-09-16 10:12:19
Now this property. 2024-09-16 10:12:22
Size 0.25 acres and. 2024-09-16 10:12:25
Located within one of our single family residential. 2024-09-16 10:12:28
Now the governing. 2024-09-16 10:12:31
That pertain to. 2024-09-16 10:12:34
That hearing would be fun. 2024-09-16 10:12:37
In Title 13. 2024-09-16 10:12:40
Subsection 14.57 related. 2024-09-16 10:12:43
Corner size setbacks. 2024-09-16 10:12:46
And then the variance which is. 2024-09-16 10:12:49
Title 13.09. Point 02. 2024-09-16 10:12:52
Now the request. 2024-09-16 10:12:55
Here today is that the applicant is seeking out. 2024-09-16 10:12:58
The City of Holiday code. 2024-09-16 10:13:04
Section 13. Point 14.5. 2024-09-16 10:13:07
7 pertaining to the corner side, set that. 2024-09-16 10:13:10
Now. 2024-09-16 10:13:13
Code regulates the. 2024-09-16 10:13:16
Minimum corner side set back on the public's. 2024-09-16 10:13:19
Street, a private road or a private. 2024-09-16 10:13:22
And the applicant is. 2024-09-16 10:13:25
Requesting to be granted a relief. 2024-09-16 10:13:28
From the prescribed 20 feet, standardized. 2024-09-16 10:13:31
Corner side set back and proposing to mention. 2024-09-16 10:13:34
At 12.4 feet. 2024-09-16 10:13:37
Corner on a site. 2024-09-16 10:13:40
Said Doug. So now this. 2024-09-16 10:13:43
Would represent the 15%. 2024-09-16 10:13:46
Set back requirement for. 2024-09-16 10:13:49
Side yard and. 2024-09-16 10:13:52
Exception would herein constitute. 2024-09-16 10:13:55
.6 feet corner side set back variant. 2024-09-16 10:13:58
Which would also run with the landing perpetuity. 2024-09-16 10:14:01
Now the background to this case is. 2024-09-16 10:14:04
That the applicant and agent. 2024-09-16 10:14:07
Heights Subdivision, LLC. 2024-09-16 10:14:10
And Mr. Peter, represented here, have. 2024-09-16 10:14:13
Filed an appeal with the administrative here. 2024-09-16 10:14:16
Seeking a variance to. 2024-09-16 10:14:19
Portions of holiday city code specific. 2024-09-16 10:14:22
Pertaining to the corner side set back distance. 2024-09-16 10:14:25
Required for any main structure. 2024-09-16 10:14:28
To the corner side of the property. 2024-09-16 10:14:31
Now the applicant has proposed the construction. 2024-09-16 10:14:34
Kind of a new home on the subject property, which is. 2024-09-16 10:14:37
The corner lot in the new holiday. 2024-09-16 10:14:40
Subdivision which you can see on the screen. 2024-09-16 10:14:43
Now the property located on 4930. 2024-09-16 10:14:46
East SW Moore Rd. Was formerly the. 2024-09-16 10:14:49
Site of the Church of Jesus Christ of Latter Day. 2024-09-16 10:14:52
Saint Meetinghouse and. 2024-09-16 10:14:55
The applicant has completed the. 2024-09-16 10:14:58
Of the subdivision improvements and recording of the. 2024-09-16 10:15:01
With the building permit application yet? 2024-09-16 10:15:04
To be submitted to the city. 2024-09-16 10:15:07
Applicants have determined that the application of. 2024-09-16 10:15:10
Holiday City Code section 13.4. 2024-09-16 10:15:13
.057. 2024-09-16 10:15:16
Site setbacks would restrict. 2024-09-16 10:15:19
The proposed development on Lot 1. 2024-09-16 10:15:22
05, which is located on the northwest. 2024-09-16 10:15:25
Western corner of the subdivision. 2024-09-16 10:15:28
On the screen now. 2024-09-16 10:15:31
In that lot 105 is located on the. 2024-09-16 10:15:34
Intersection of Westmore Rd. 2024-09-16 10:15:37
And Delora Ling, the aforementioned set back. 2024-09-16 10:15:40
Gone in regulation requires all mainstream. 2024-09-16 10:15:43
On the corner lot to be assessed at a stand. 2024-09-16 10:15:46
That's 20 feet set back. 2024-09-16 10:15:49
Now the applicant is of the opinion that. 2024-09-16 10:15:52
105 certain. 2024-09-16 10:15:55
Unique conditions to be assessed using. 2024-09-16 10:15:58
Typical sidey outfit. 2024-09-16 10:16:01
Of the corner side set back. 2024-09-16 10:16:04
So they are hereby requesting a relief from the city. 2024-09-16 10:16:10
Code related to the standards 20 feet. 2024-09-16 10:16:13
Corner site setbacks and in turn. 2024-09-16 10:16:16
Seeking permission to maintain equity. 2024-09-16 10:16:19
A side yard set back which would be 12. 2024-09-16 10:16:22
.4 feet from the east side of. 2024-09-16 10:16:25
The property Additional information. 2024-09-16 10:16:28
The applicant's narrative supporting documents, including. 2024-09-16 10:16:31
Cyclone would be presented. 2024-09-16 10:16:34
Hearing by the applicant. 2024-09-16 10:16:37
Ordinances that pertain to this. 2024-09-16 10:16:40
It's the holiday city code on. 2024-09-16 10:16:43
Setbacks, Section 13.14 Point. 2024-09-16 10:16:47
050 and Holiday City Court. 2024-09-16 10:16:49
On corner site setbacks. 2024-09-16 10:16:52
13 point 14.057. 2024-09-16 10:16:55
And then holiday city ordinance on. 2024-09-16 10:16:58
Side yard setbacks which is. 2024-09-16 10:17:01
13 point 14.056. 2024-09-16 10:17:04
And again the approval of standard. 2024-09-16 10:17:07
As outlined by the state would be the same as. 2024-09-16 10:17:10
The one that was used to assess the first. 2024-09-16 10:17:14
Case this morning. 2024-09-16 10:17:16
So again, it is standard. 2024-09-16 10:17:20
Procedure for city staff to conduct an announcement. 2024-09-16 10:17:22
Based off of the contents of this. 2024-09-16 10:17:26
Subject property City staff does not. 2024-09-16 10:17:29
Vote on these matters and acts only. 2024-09-16 10:17:32
Advisory position on the technical aspects of the application. 2024-09-16 10:17:35
Now. 2024-09-16 10:17:38
Of the analysis, the 1st. 2024-09-16 10:17:41
Assessment that city staff did was to. 2024-09-16 10:17:44
First determine the intent. 2024-09-16 10:17:47
Intent of the 3D code. 2024-09-16 10:17:50
Now, the purpose of the city ordinance as outlined in. 2024-09-16 10:17:53
Section 13.14. Point. 2024-09-16 10:17:56
It states that pursuant to the city. 2024-09-16 10:17:59
Ordinance regulating setbacks on coronal law. 2024-09-16 10:18:02
But the minimum corner set set back. 2024-09-16 10:18:05
For any structure on a public. 2024-09-16 10:18:08
A private road or a private lane? 2024-09-16 10:18:11
Shall be 20 feet. 2024-09-16 10:18:14
Or intent of this standard 20. 2024-09-16 10:18:17
Set by difference for main structures and. 2024-09-16 10:18:20
Corner lot is to save God. 2024-09-16 10:18:23
Public health, safety and welfare. 2024-09-16 10:18:26
By way of regulating that spacing of building. 2024-09-16 10:18:29
Things and structures our way from property lines. 2024-09-16 10:18:32
The right away physical hazards and natural. 2024-09-16 10:18:35
Ultimately, these. 2024-09-16 10:18:38
Facing revelations seek to provide for. 2024-09-16 10:18:41
Lighten shade. 2024-09-16 10:18:44
In air movement, the use of passes. 2024-09-16 10:18:47
And active spaces and vegetation in the city. 2024-09-16 10:18:50
Which would ultimately contribute to that. 2024-09-16 10:18:53
Directly impacting the fiscal. 2024-09-16 10:18:56
In psychological well-being of residents. 2024-09-16 10:18:59
City staff have determined that the critical factor is. 2024-09-16 10:19:02
Assessing conformance with the general purpose and. 2024-09-16 10:19:05
Intent of this ordinance. 2024-09-16 10:19:08
That the public safety element is compromised. 2024-09-16 10:19:11
In this scenario particularly regardless. 2024-09-16 10:19:14
In the club you restrictions and in. 2024-09-16 10:19:17
Attacks on traffic flow and pedestrian safety. 2024-09-16 10:19:20
Since this is on a corner lot. 2024-09-16 10:19:23
Now the first assessment was impact. 2024-09-16 10:19:26
Restrictions now. 2024-09-16 10:19:29
Of holidays to decode on Clearview restriction. 2024-09-16 10:19:32
Specified in section 13 Point. 2024-09-16 10:19:35
76.7108. 2024-09-16 10:19:38
One it states that no. 2024-09-16 10:19:41
Construction in excess of two feet. 2024-09-16 10:19:44
In height shall be placed within the report. 2024-09-16 10:19:47
Clearview area of the corner lot. 2024-09-16 10:19:50
Now our spatial analysis. 2024-09-16 10:19:53
But the proposed location of the main house. 2024-09-16 10:19:56
Does not conflict with. 2024-09-16 10:19:59
The provisions of the cloud view restrictions. 2024-09-16 10:20:02
On on public safety, so you can see. 2024-09-16 10:20:05
The assessment that we did on the screen. 2024-09-16 10:20:08
Restriction zone would be and whether. 2024-09-16 10:20:11
Proposed structure is going to be. 2024-09-16 10:20:14
More specifically, the building would be set. 2024-09-16 10:20:17
Set back at least 30 feet from the. 2024-09-16 10:20:20
West to east horizontal Clearview restrictions. 2024-09-16 10:20:23
And 14 feet from the north to. 2024-09-16 10:20:26
Clearview Restriction zone. 2024-09-16 10:20:29
And as you can see, that's the assessment. 2024-09-16 10:20:32
That we did based off of that Clearview assessment. 2024-09-16 10:20:35
The second analysis that. 2024-09-16 10:20:38
City staff dead was the impact of. 2024-09-16 10:20:41
This proposed development. 2024-09-16 10:20:44
On through traffic. 2024-09-16 10:20:47
And pedestrian safety now on. 2024-09-16 10:20:50
Analysis also indicates that the proposed location of this. 2024-09-16 10:20:53
Onto traffic now. Conclusion. 2024-09-16 10:20:59
Was made based on their characteristics of the road. 2024-09-16 10:21:02
Intersection at West. 2024-09-16 10:21:05
And the lower length the proposed. 2024-09-16 10:21:08
Structure is set to maintain a reduced. 2024-09-16 10:21:11
Set back on the east side of the property. 2024-09-16 10:21:14
Adjacent to Westmore Rd. 2024-09-16 10:21:17
Such traffic impacts and pedestrians 50. 2024-09-16 10:21:20
Should be primarily evaluated based on connect. 2024-09-16 10:21:23
And access from the corner of. 2024-09-16 10:21:26
Traveling northbound to. 2024-09-16 10:21:29
Westmore Rd. 2024-09-16 10:21:32
And abruptly after 150. 2024-09-16 10:21:35
Feet. So it's. It's not a connecting interface. 2024-09-16 10:21:38
On Westmore Rd. 2024-09-16 10:21:41
This suggests that the traffic to and from the corner. 2024-09-16 10:21:44
Delaware Lane to the northbound. 2024-09-16 10:21:47
Off Westmore Rd. Which? 2024-09-16 10:21:50
Be largely limited to generated. 2024-09-16 10:21:53
By two properties located at. 2024-09-16 10:21:56
On the east side of the applicants property, now these. 2024-09-16 10:21:59
Properties can be seen 49. 2024-09-16 10:22:02
11 S and 4920. 2024-09-16 10:22:05
Westmore Rd. 2024-09-16 10:22:08
Would be the the two neighboring. 2024-09-16 10:22:11
Properties where traffic would be generated because it's. 2024-09-16 10:22:14
Not a connecting thoroughfare now. 2024-09-16 10:22:17
Given that this portion of the traveling. 2024-09-16 10:22:20
Primarily sets as access for these two. 2024-09-16 10:22:23
Neighboring properties. City staff. 2024-09-16 10:22:26
Determined that the proposed structure would not. 2024-09-16 10:22:29
Can we affect through traffic? 2024-09-16 10:22:32
And safety in a manner that is detrimental to. 2024-09-16 10:22:35
To the public interest, so that. 2024-09-16 10:22:38
That's the nature of the road, that. 2024-09-16 10:22:41
Staff also shows us an exhibit. 2024-09-16 10:22:44
Now the next thing for city staff. 2024-09-16 10:22:47
Was to assess the application. 2024-09-16 10:22:50
Based off of the state. 2024-09-16 10:22:53
Criteria of the five part test variant. 2024-09-16 10:22:56
Now the first one is to. 2024-09-16 10:22:59
Describing what hardship is going to occur. 2024-09-16 10:23:02
The applicant is not granted this very authority. 2024-09-16 10:23:05
Exceptionally. 2024-09-16 10:23:08
Demonstration of unique circumstances. 2024-09-16 10:23:11
Or an unreasonable hardship. 2024-09-16 10:23:14
In it exceptionally hard to comply with the zoning. 2024-09-16 10:23:17
The applicant submitted through site plan. 2024-09-16 10:23:20
To demonstrate their burden of proof. 2024-09-16 10:23:23
The applicant contends. 2024-09-16 10:23:26
That with the required. 2024-09-16 10:23:29