Minutes

Price City Planning and Zoning

November 20, 2000

Price City Hall 6:00 P.M.


Present: John Angotti, Chairman Vern Jones, Community Administrator

Larry Bruno, Vice-Chairman Francis Duzenack, Zoning Administrator

Alfred Richens Carolyn Vogrinec, Secretary

Laurel Marinos

Gary Lyon

Penny Sampinos

Joe Piccolo


Also Present:


Raymond R. Buckland Robert Schmidt

Polly Allen Randy Johnson

Mike Stubbings Kenneth L. Marshall

Sam Cranford Jan Young

Kirk VanLinden

 

There were no additions or corrections and Gary Lyon made a motion to approve the minutes of November 6, 2000 as read. Laurel Marinos seconded and the motion carried.


RAVENSWING PRODUCTIONS

315 SOUTH 500 EAST

OUTDOOR & WILDLIFE PHOTOGRAPHY

RANDY JOHNSON

Randy Johnson explained he will be using his home as an office and doing his photography mostly on site. He markets his product to magazines and passed a sample of his work around for members to see. There were no concerns and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for Ravenswing Productions. Penny Sampinos seconded and the motion carried.



Price City Planning and Zoning

Minutes of November 20, 2000

Page -2-


POINT AND CLICK COMPUTERS

48 EAST 100 NORTH

BUILDING AND REPAIR OF COMPUTERS

RAYMOND R. BUCKLAND

Mr. Buckland told the Commission he will build and repair computers. There will be no inventory kept on the premises as parts will be ordered as needed. Mr. Piccolo told Mr. Buckland that, since he is located in a commercial district, he can maintain inventory. Mr. Duzenack indicated that would be the case in a commercial building, however, a Home Occupied Business limits the stocking of merchandise. Mr. Piccolo then told Mr. Buckland if his business grows and he needs to maintain inventory, he will be able to obtain a commercial business license for that location. Mr. Buckland indicated if his business grows to that extent, he will move it to a larger building. Gary Lyon expressed concern with parking and increase of traffic. Mr. Buckland indicated there was sufficient parking in the surrounding area. There were no further questions and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for Point and Click Computers. Laurel Marinos seconded and the motion carried.


ASCENSION ST. MATTHEWS CHURCH

210 NORTH 600 EAST

4' X 8' SIGN

JAN YOUNG, TREASURER

Ms. Young told the Commission that their Church had moved to the old Notre Dame School and would be using those facilities until they complete construction of their own building. They would like to wire their sign on the fence along 600 East. Joe Piccolo asked if this would qualify as a temporary or permanent sign. Francis Duzenack indicated that would depend on the length of their stay - if they plan to stay for less than two years, it can be issued as a Temporary Conditional Use Permit. If, for some reason, they are still there at two years, they can return for a needed extension. Following some discussion, Larry Bruno moved to forward a favorable recommendation for the issuance of a Temporary Conditional Use Permit - Sign at the above location - Ascension St. Matthews Church for a period of two years time. Gary Lyon seconded and the motion carried.


Price City Planning and Zoning

Minutes of November 20, 2000

Page -3-



GRACE BAPTIST CHURCH OF CASTLE COUNTRY

295 NORTH HIGHWAY 55

10' X 6' LIGHTED SIGN

GREGORY J. GUEST, TRUSTEE


Mr. Guest was not present and Mike Stubbings appeared to represent the Grace Baptist Church. He indicated they would like to install a professionally made

10' x 6' lighted sign and referred the Commission to the installation information presented. The sign is not large and they would like special permission to install it at a base height of 8 feet. This would also make it easier to change the lettering. It is engineered for a 6 to 8 foot base and will withstand 250 mph winds. Mr. Duzenack indicated the Sign Zone for that area requires a 14 foot minimum clearance underneath the sign but because they are also in a CD Zone, the width and clearance can be done by Conditional Use Permit. Mr. Duzenack indicated UP&L has reviewed clearance from the power lines and there are no problems. They have removed trees, cleaned up the vegetation and plan to install the sign at the north edge of the property. Mr. Piccolo asked the distance from the driveway to the sign. Mr. Duzenack indicated the driveway is on the south side of the property and the driveway onto Highway 55 has been removed. In addition, the Eagle Scout Bus Stop, no longer in use, will be removed. Joe Piccolo asked if the north side curb cut is more than 40 feet from the sign. Mr. Duzenack indicated it was closer. Mr. Stubbings told the Commission that the distance from where the sign will be located will be 4 to 6 feet off the property line on the north side and is well off the sidewalk area and the property line. After some discussion on the amount of clearance underneath the sign, Gary Lyon moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - for Grace Baptist Church of Castle Country to erect a 10' x 6' electrical sign 10 feet off the ground in lieu of the 14 feet as required. Larry Bruno seconded and the motion carrie.



Price City Planning and Zoning

Minutes of November 20, 2000

Page -4-



SMITH'S FOOD & DRUG

955 EAST MAIN

SMITH'S CONOCO GAS STATION

ROBERT SCHMIDT, AGENT


Mr. Schmidt, of Great Basin Engineering, appeared before this Commission as an agent for Smith's Food and Drug. They are requesting Concept Approval of their site plan for a gas station on the old McDonalds property. They are proposing a five pump facility with an overhead canopy and an 8' x 12' kiosk manned by a single attendant. There will be no inside sales, with the exception of a cigarette rack. There will be pop machines and an oil rack on the outside of the kiosk. There are no restroom facilities. It is considered an accessory to Smith's Food & Drug and a Smith's employee will be in the kiosk. There will be a 3/4" water service for wash-downs, radiator fill up and miscellaneous use. The below ground tanks will sit on the north side of the building and three grades of gasoline and diesel will be sold.

When asked about the landscaping, Mr. Schmidt indicated there is landscaping in place. Parking abuts up to the highway and those parking stalls will be eliminated and turned into landscaping. On the west side, they will pull the curb back from the wash significantly and that will be landscaped. The existing approach to the street and highway will continue to be used. They will not modify the accesses, with the exception of the west side, where they will make a different radius coming off the street, but the existing access will remain intact. Mr. Richens asked if the access would be widened to accommodate traffic from both directions. Mr. Schmidt said they will not encourage that to be a two directional access, but an exit only. Right now, the exit is not signed as egress only but that can be done. Mr. Bruno feels it will see use as an entrance and exit both. Discussion began on the amount of traffic coming around the west side of Smith's and the use of the parking lot as a shortcut from 100 North to Main Street.

They will increase the parking and add some parking stalls. There are ten parking spaces shown on the west side but these are taken from the old site plan, and Mr. Schmidt is not that familiar with the present site. The fence restricts the use of west side parking because of the falling away of the wash.



Price City Planning and Zoning

Minutes of November 20, 2000

Page -5-



(SMITH'S CONOCO GAS STATION, CONTINUED)

With regard to the signs, Mr. Duzenack indicated the requirement on a singular lot is 300 feet from the existing sign. That site is a totally different site and is not part of the shopping center, but a separate parcel of land owned by McDonalds. Therefore, they will be allowed one sign on their frontage and, if a second sign is needed, then the 300 foot separation would apply. Mr. Duzenack told the Commission more details are needed, but this is a Concept Plan and there are no further questions at this time. Mr. Jones mentioned that in his calculations of the square footage of the sign, it came to 101 square feet. In that district, you allowed 100 square feet. There were no further questions and Joe Piccolo moved to accept the Concept Application of the Smith's Conoco Gas Station. Penny Sampinos seconded and the motion carried.

Mr. Schmidt indicated he was aware of the Preliminary and Final Site Plan Approval and asked if there was a possibility of combining the two. Mr. Duzenack said it can be done in this manner if the plans are totally complete. Mr. Schmidt has all the necessary requirements and information and will refer to them for direction and compliance. Larry Bruno requested specific details on the driveway, parking space measurements and more information on the required landscaping. Gary Lyon explained the problem of traffic patterns within the shopping center parking lot and Vern Jones told Mr. Schmidt one of the current problems is the congregation of students and young adults in the parking lot. Anything that can be done through engineering to eliminate the situation from possibly happening would be very much appreciated.


REBUILDING ON PROPERTY LOCATED AT

320 AND 322 NORTH 400 EAST

KIRK VANLINDEN


Mr. VanLinden appeared before the Commission to explain the circumstances surrounding his request for an extension of Grandfather's Rights on his property at the above address. The property was destroyed by an arsonist on August 16, 1998 and the judicial case was not completed until August 18, 2000. He has contacted Victim's Restitution to see if they will pay for demolition and was awarded $100,000.00 restitution by the Court, but feels he will never see it. Both he and Price City would like the building torn down. However, because this is a commercial property, the State Contractors Law requires him to hire a contractor to do the work.



Price City Planning and Zoning

Minutes of November 20, 2000

Page -6-


(KIRK VANLINDEN PROPERTY, CONTINUED)

He explained he had no insurance on his dwelling and the demolition costs will be $5000.00 and up. He purchased a demolition permit on August 13, 1999 to protect his Grandfather's Rights because after a two year time period, he will lose them. Mr. VanLinden may replace the duplex with a manufactured home on the 60' x 56' lot. Mr. Duzenack explained this situation is a pre-existing non-conforming use and our Land Development Code says the residence can be re-built when it is destroyed by fire, flood or whatever calamity. However, it must be started within a one year period and completed within two years. Because of the arson charges and court trial, Mr. VanLinden has been held up and not able to start in the one year period. He purchased a demolition permit to try to protect the one year period. We are now at a point where the two years has almost expired and he's hoping to get an extension to demolish the building and still protect the pre-existing right. Once the right is lost, the lot becomes unbuildable because of its size. The only way to protect the right for any type of a buildable situation is to extend the pre-existing rights. Because of the length and duration of the arson trial, Mr. Duzenack recommends the Grandfather's Rights be extended for whatever time the Commission sees fit. The neighbors are concerned and the building presents a health hazard that should be removed.

Discussion was held on whether or not some way could be found to allow Mr. VanLinden to begin some stage of demolition and clean up. Mr. Jones indicated there is debris all over and he would like to see something happen on this property. This would be clean up work, not demolition, that could be done on the premises by Mr. VanLinden. A contractor could then come back and do the actual demolition. Mr. Duzenack agreed, saying there is no problem with the clean up of the yard. Mr. VanLinden told the Commission he hopes to rebuild next spring but can begin the clean up of the yard within the next two weeks.

Following discussion on the matter, Joe Piccolo then moved to grant Mr. VanLinden permission to start the outside clean up within the next 90 days as a show of good faith and recognize that August 18, 2000 as the beginning date for this piece of property to be sheltered by the Grandfather's Rights clause enabling him to reconstruct a residence on the property. ( The property was held as evidence and no work was allowed prior to this date.) This extension will expire in one year on August 18, 2001. Gary Lyon seconded and the motion carried.


Price City Planning and Zoning

Minutes of November 20, 2000

Page -7-



PRICE RIVER DRIVE BUSINESS PARK

COMBINATION OF LOTS 4 & 5

DMV BUILDING (M-13 CONSTRUCTION)


Vern Jones indicated this is a follow up on the Price River Business Park Building. The building planned for the site would not fit on either one of the two lots, so they were combined as one lot to accommodate the building. This is the paper work catching up with the actual construction and it is an amendment to the recorded plat indicating one lot. It must be approved by the Commission as presented. There was no further discussion and Larry Bruno moved to approve the Amended Plat B, Combination of Lots 4 & 5 of the Price River Business Park. Gary Lyon seconded and the motion carried.

There was no further business and Gary Lyon made a motion to adjourn. The meeting adjourned at 7:00 P.M.

 

John B. Angotti, Chairman


 

Carolyn Vogrinec, Secretary