PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF FEBRUARY 12, 2007

PRESENT: Commissioners: Nick Tatton, Community Director

Alfred Richens Laurie Tryon, City Recorder

Frankie Sacco

Ed Shook

Jeff Nielson

Penny Sampinos

EXCUSED ABSENCE: Commissioner Lyon

OTHERS PRESENT: Dondra Nance, David O’Brien, Jeanne and Grady McEvoy, Alan Mitchel, Eddie Horvath, Charles Fausett, Carrie Healy, Amber Gleave

I PLEDGE OF ALLEGIANCE

Chairman Larry Bruno led the Pledge of Allegiance

II ROLL CALL

III MINUTES OF JANUARY 8, 2007

A favorable motion to approve the minutes of January 8, 2007 as read was made by Commissioner Nielson. Commissioner Shook seconded the motion. Motion carried.

IV HOME OCCUPIED PERMIT- OFFICE USE ONLY-BUSINESS- FINAL

772 BRIARWOOD CIRCLE- MITCHEL’S POWER CLEAN-N-DETAIL-ALAN MITCHEL, OWNER

Alan Mitchel presented this request for a power detail cleaning business that will be managed from a van type vehicle. There will not be any type of storage at his home located at 772 Briarwood Circle. The home will be used for Office Use Only and will not receive customers or traffic generated from the business. After inspections from the Building Inspector, Police Chief and Fire Inspector, the business will receive a license. MOTION. A favorable motion to approve the Home Occupied Office Use Only Business was made by Commissioner Shook. Commissioner Sampinos seconded the motion. Motion carried.

V HOME OCCUPIED PERMIT- BUSINESS- FINAL

840 N. 400 E., AMBER’S HAIRCARE-AMBER GLEAVE, OWNER

Amber Gleave presented this request for a mobile hairstyling service. She has received 16 favorable neighborhood signatures from a 250° radius around her home. Mrs. Gleave will travel to her client’s homes for hairstyling services until the home is set up to be a hair salon which may take 2-5 years. There will not be any storage or retail sales. Mrs. Gleave is a certified cosmetologist. Some clients may come to her home for a hair cut but traffic will not be generated from this business. When the salon in her home is ready to be built, she will need to return to Planning and Zoning for an amendment to the Conditional Use Permit and any necessary building permits required at that time. No employees will be hired for this business. MOTION. A favorable motion to approve the Home Occupied Permit Business both inside and outside of her home was made by Commissioner Nielson. Commissioner Sacco seconded the motion. Motion carried.

VI CONDITIONAL USE PERMIT- FINAL

464 E. 400 SO., BIRDS- EDDIE HORVATH, OWNER

Eddie Horvath presented a request to have birds of prey in his home. Mr. Horvath reported to the commission that he currently has one Prairie Falcon, 13 Parrots and one Red Tail Falcon on site at the home address of 464 E. 400 S. The maximum amount of birds allowed in a home in city limits is (4) four based on municipal code. More than 4 animals would be considered an aviary. Planning and Zoning has requested the following detailed plan as to his potential activities that will take place on the property relative to his potential keeping of birds on the location. The plan should indicate:

· the number of birds to be maintained on the property at any one time (total number now or in the future);

· the type of birds that will be on the property, specifically identified by breed, type, etc.;

· what exactly will be done with the birds, including procedures for rehabilitation, etc.

· the plan should indicate the length of time that Mr. Horvath will keep each bird or all of the birds;

· the plan should indicate whether Mr. Horvath regards the birds as pets or as a business use item;

· the report prepared by Mr. Horvath, once presented to the Planning and Zoning Commission and City Council, should be signed by Mr. Horvath, notarized and dated.

Mr. Horvath no longer does rehabilitation for animals as he has in the past; he now also purchases the food for the birds rather than raising his own feeder animals (mice). Mr. Horvath stated that he has the appropriate licensing with the State of Utah Div. Of Wildlife and the Fish and Game which he report must be renewed every 3 years. The local Wildlife offices are set up to do the yearly inspections for Mr. Horvath. The birds are used for hunting instead of using weapons. He stated that under his state license he can have three birds of prey for falconry unless he is a trained breeder. Mr. Horvath feels that the birds are not a nuisance to the neighborhood and that the birds are actually well cared for and liked by the neighbors. The zone in which Mr. Horvath lives is MD which is Manufacturing District and does not permit aviaries. He has the option of attending a Board of Adjustment meeting to appeal the code requirement and get a variance to the Price City Code or appeal o the Price City Council for a change to the code by ordinance. If Mr. Horvath has four or fewer birds then he is allowed to have the birds in his home as pets under current code. MOTION. Commissioner Shook made a motion to table the issue until further information is collected from Mr. Horvath and declined Conditional Use Permit approval under the current code. Commissioner Nielson seconded the motion. Motion carried.

VII PROPERTY PURCHASE- APPROX. 900 WESTWOOD BLVD. - DAVE O’BRIEN, OWNER

Dave O’Brien presented this request to purchase property from Price City. The parcel is essentially a storm water drainage way along the south side of Westwood Boulevard fronting property on which Mr. O’Brien is beginning development. Pursuant to Mr. O’Brien’s purchase request he understands the need for continued maintenance and operation of the storm water drainage way as well as other traditional public improvements that will be required as the property develops, such as curb, gutter and sidewalk. In order to accommodate Mr. O’Brien’s request to Price City for purchase of the property, the following process must occur:

· Planning and Zoning review of the potential disposition of real property.

· Planning and Zoning recommendation to Price City Council for disposition of the real property.

· Price City Council declaration of the property as surplus to the needs of the public.

· Acceptance of bids for the purchase of the property (presumably, Mr. O’Brien will bid on the property, and his is the only party that should have an interest in bidding on the property).

· Sale of the property.

MOTION. Commissioner Nielson moved to recommend potential disposition of the identified real property parcel, located at approximately 900 West Westwood Boulevard. To recommend potential disposition of the property for the purposes of imminent development within a period of two years and require (new) property owner to adequately maintain all associated storm-water and canal runoff issues associated with the property corridor with maintenance of any necessary easements Price City may require on the property as described by present and future owners. Motion seconded by Commissioner Richens. Motion carried.

VIII CONDITIONAL USE PERMIT- PROPOSED SHERIFF IMPOUND LOT-CONCEPT ONLY

APPROX. 150 N. 100 W.-CARBON COUNTY -DAVE LEVANGER, PLANNING DIRECTOR

Several concerned citizens were available with questions and concerns regarding the proposed Sheriff Impound Lot. Mr Levanger was not available for comment. Commissioner Richens moved to table Item 8 until Mr. Levanger was available to present the proposed project related to the Sheriff Impound Lot. Motion seconded by Commissioner Sampinos. Motion carried.

IX PROPERTY ADJUSTMENT-CHARLES FAUSETT

Charles Fausett presented a property issue to the Commission. Mr. Fausett’s father purchased a parcel of land approximately 40 years ago where his home is located and fenced in the yard to the side (east) under the impression that he owned all of the property. A portion of that fenced in area did not actually belong to his father nor to Price City. Price City is however, the authority jurisdiction in this matter and is obligated to assist in the remedy of the situation. Mr. Fausett has essentially established a prescriptive use of the property in question and research by the title company has indicated that title insurance can be obtained by Mr. Fausett on the parcel in question. The situation has also been discussed with Price City Attorney, Nick Sampinos for administrative process and legality of transaction, both of which have been “cleared”. The situation was also presented to the State of Utah Private Property Ombudsman for comment with no comment in return. The solution to the issue is to administer the following procedure:

· Request review of the situation by Price City Planning and Zoning; request recommendation from Price City Planning and Zoning to authorize disposition of the described real property.

· Request finding of surplus of the described real property by the Price City Council and authorization for disposition of the property.

· Quit Claim deed the described property to Mr. Charles Fausett.

MOTION. Commission Shook moved to find the described property in question of no value and surplus to the needs of Price City and find that is not owned nor utilized by Price City, to acknowledge that the described property in question does not correspond to any recorded ownership records and that the described property in question is considered “extra” property adjacent to previously approved subdivision. To also, recommend the Price City Council find the property surplus to the needs of the community and further recommend the property be declared surplus and to recommend to Price City Council Quit Claim deed the described property in question to Mr. Charles Fausett consistent with his established prescriptive use. Motion seconded by Commissioner Richens. Motion carried.

X STAFF- Update on current Planning and Zoning issues in Price City

Commissioner Shook motioned to adjourn. The meeting adjourned at 6:57 P.M.

APPROVED

__________________________

Larry Bruno, Chairman

ATTEST

_________________________

Laurie Tryon, City Recorder