Minutes

Price City Planning and Zoning Commission

February 9, 1998

Price City Hall 6:00 P. M.





Present: John Angotti, Chairman Francis Duzenack, Zoning Administrator

Larry Bruno Carolyn Vogrinec, Secretary

Joe Piccolo

Gary Lyon

Penny Sampinos

Rose Etzel

Alfred Richens



Meeting convened at 6:00 P.M.





I. APPROVAL OF MINUTES OF JANUARY 27, 1998



Joe Piccolo asked that the following corrections be made:

Item #2, Page 1, Paragraph 1, Line #2 - G&S Steiner-Handyman Business

should read:

"Mr. Steiner's Handyman's Business License allows

up to $1000.00 of work per job as per State Law."

Item #7, Page 6, Paragraph 3, Line 18 - Travis Leautaud-Second Dwelling

should read:

"There is also a large hill behind these houses and the homes are close to the hill, leaving the fields open."

Joe Piccolo then made a motion approve the minutes of January 27, 1998 as corrected. Penny Sampinos seconded and the motion carried.





II. HOME OCCUPIED BUSINESS - OFFICE ONLY

SUNSET HOUSE COLLECTIBLES

EDWARD AND RUTH JERNIGAN

333 SOUTH 400 EAST

BUYING-SELLING-TRADING COLLECTIBLES ON THE INTERNET



Mr. Jernigan told the Commission the collectibles were all small items and he arranges the sale on the Internet.. There will be a sign on their vehicle only. There were no concerns and Larry Bruno moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office Only of Sunset House Collectibles. Alfred Richens seconded and the motion carried.



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February 9, 1998

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III. HOME OCCUPIED BUSINESS

ROBERT ROWLEY

305 SOUTH 100 EAST

REPAIR MINE VENTILATION TUBING



Mr. Rowley told the Commission that the patching material used for the repair of the tubing was a MSHA approved, fire approved two-part liquid resin. It is not flammable or toxic and does not give off fumes. The work will be mostly confined to the garage area. The 24" tubes are stored on a trailer outside before repair. He picks up ten to twelve tubes on a bi-weekly basis, does the repair and returns them. There were no concerns and Alfred Richens moved to forward a favorable recommendation to City Council for the Home Occupied Business of Robert Rowley. Joe Piccolo seconded and the motion carried.



IV. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

NICK HAUSER

490 NORTH EASTRIDGE ROAD

SURVEYING AND ENGINEERING



Staff indicated Mr. Hauser was in full compliance with the Price City Land Use Management and Development Code. As there were no concerns or questions, Penny Sampinos moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office Use Only of Nick Hauser. Larry Bruno seconded and the motion carried.

V. CONDITIONAL USE PERMIT

CASTLE COUNTRY CATERING

ELIZABETH UNSWORTH AND MARIA HUNSAKER

355 SOUTH CARBON AVENUE

CATERING BUSINESS IN BTAC



Elizabeth Unsworth appeared on behalf of Castle Country Catering. She

told the Commission the preparation of the food would take place at the BTAC. The BTAC kitchen meets code and health standards and is inspected regularly. Francis Duzenack asked if a commercial kitchen hood was installed over the kitchen stove and whether or not they would be doing a large amount of frying. Ms. Unsworth indicated they would be doing more baking than frying. She told the Commission the only advertising would be the small plaques to the side of their office door and



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(CASTLE COUNTRY CATERING, CONTINUED)



an outside business sign in which to insert the business name. There are no plans for vehicle signs at this time. There were no other questions and Larry Bruno moved to forward a favorable recommendation to City Council for a Conditional Use Permit for Castle Country Catering, contingent upon compliance with the health codes for a commercial kitchen. Penny Sampinos seconded and motion carried.



VI. CONDITIONAL USE PERMIT - SIGN

WHITMORE OXYGEN

PAUL HOWA, MANAGER

79 NORTH CARBON AVENUE



Mr. Howa indicated the signs meet code and will go on the north and east sides against the building. The verbiage on the signs will change in time, as Whitmore Oxygen has been bought by Praxair. Francis Duzenack indicated this would be considered a copy change and Mr. Howa will not have to return to Planning and Zoning for approval, unless the signs are larger or are of a different configuration. There were no concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council for a Conditional Use Permit - Signs for Whitmore Oxygen. Alfred Richens seconded and motion carried.



VII. CONDITIONAL USE PERMIT - BUSINESS AND SIGN

D AND D EXTREMES

DARIN LAMBSON

403 SOUTH CARBON AVENUE

WINDOW TINTING



Mr. Lambson told the Commission his business would be tinting automotive, commercial and residential windows. The business signs will be mounted to the building. When asked, Mr. Lambson indicated he was aware of the State Laws regulating tinting. The Commission indicated to Mr. Lambson that whatever this Commission gives him permission to do must be within the State Laws and Regulations and approval cannot be given to anything not approved by the State of Utah. Discussion was held on the degree of tint applied to windows. It was recommended Mr. Lambson check with the State of Utah concerning the regulations on window tinting. There were no further concerns and Joe Piccolo moved to



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(D AND D EXTREMES, CONTINUED)



forward a favorable recommendation to Price City Council for a Conditional Use Permit - Business and Signs - for D and D Extremes, permitting window tinting to be done within the required State of Utah Regulations. Alfred Richens seconded and the motion carried.



VIII. CONDITIONAL USE PERMIT

DIVERSITY

EDDIE HORVATH

37 East Main



Mr. Horvath was not present and after some discussion, Joe Piccolo made a motion to table this item until Mr. Horvath makes a request to be placed back on the agenda. Larry Bruno seconded and the motion carried.



IX. TEMPORARY CONDITIONAL USE PERMIT

WEDGEWOOD VILLA

MARVIN MUTZ

530 WEST 200 SOUTH



All Commission Members present took time to drop by Wedgewood Villa and look at the barricade on the west side property. Mr. Mutz requested permission to keep the barricade in its present location. Francis Duzenack has contacted the Ordinance Compliance Officer Byron Allred concerning the delay of any action. However, Mr. Allred indicated the Price City Police Department wanted to move on the matter and issue a citation immediately. Chairman John Angotti asked for comments concerning the barricade. Penny Sampinos told the Commission she feels this barrier is not offensive, but is something that should not be there permanently. The lot is clean and junk-free and this is a temporary situation. Mr. Mutz indicated he would hire a truck and a loader to haul away all the debris on the lot when the rest of the patios have been replaced this upcoming summer. He is planning on installing a chain link fence around the property in 1999 when funding is available. When asked concerning the debris piled by Waterfall's fence on the east side, Mr. Mutz indicated he had permission from the Waterfalls and he would also haul it away later this summer when he finished the patios. Francis Duzenack recommended putting the debris on the east side of the project back from the road. It would be a little more out of sight and cause less concern. After some discussion on the matter,



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(WEDGEWOOD VILLA, CONTINUED)



the Commission asked Francis Duzenack to contact the Ordinance Compliance Officer Byron Allred and set up a meeting with Mr. Mutz. Along with Francis Duzenack, Alfred Richens will also attend and serve as arbitrator. Mr. Richens feels it is important to contact Mr. Allred and reassure him, in writing if necessary, that the debris will be removed in entirety by September or October 1998 and see if this is acceptable. Mr. Mutz was in full agreement and said all debris will be removed by October 15, 1998, including the future debris from the upcoming patio replacements. He will also provide a letter of intent for Mr. Allred. There was no further discussion and Joe Piccolo moved to deny the Conditional Use Permit for Wedgewood Villa, pertinent to resolving the matter with arbitration. Commission Member Alfred Richens will serve as arbitrator, Francis Duzenack will represent Planning and Zoning Commission and they will meet together with Mr. Allred and Mr. Mutz to see if a solution to the problem can be found. If the matter cannot be resolved, it will be placed back on the agenda for further consideration. Alfred Richens seconded and the motion carried.



X. STAFF



1) PROPOSED APARTMENT DEVELOPMENT



Francis Duzenack told the Commission he had received a call

from an individual interested in locating apartments on the

property at the end of 300 South, behind the Housing Authority

Apartments. However, this situation may have changed by now.

The parcel they are looking at is owned by Carbon County. It is a

30 acre parcel, but is not all buildable because of the hillside.

The important matter are the roads in the area. Nelson Lane, 300 South, Fausett Lane all run out to that area and dead-end. In the plan for future roads, there is a proposed North-South street for the area. It was explained to the developer that this would need to be considered with his project. This road would also go through the Leautaud property. Discussion was held on the matter. In closing, the Commission was told that 300 South is a private street, belonging to the Carbon County Housing Authority and that, in the near future, a North-South street will need to be planned, a street that will meet standards, provide better access and take the pressure off of Nelson and Fausett Lanes.



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(STAFF, CONTINUED)



2) INFORMATION ON KIAHTIPES PROJECT



After looking at the street light situation for the Market Express/Burger King Development, it was determined there is an existing street light immediately across the street from the proposed light. Price City Engineer Gary Sonntag will take another look at the situation, but he feels now that it will probably be adequate without requiring the additional light.



There was no further business and the meeting adjourned at 7:15 P.M.







APPROVED





John B. Angotti, Chairman







Carolyn Vogrinec, Secretary