Minutes Price City Planning and Zoning Commission

Price City Hall

April 26, 1999

Present: John Angotti (Chairman), Francis Duzenack (Zoning Administrator), Larry Bruno (Vice Chairman), Carolyn Vogrinec (Secretary), Laurel Marinos, Penny Sampinos, Gary Lyon, Alfred Richens, Joe Piccolo

Meeting convened at 6:00 P.M.

I. MINUTES OF APRIL 12, 1999

There were no corrections or additions and Gary Lyon made a motion approve the minutes of April 12, 1999 as read. Larry Bruno seconded and the motion carried.

II. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

VICTORIAN SCENTED CANDLE COMPANY - MAURINE NELLY HENRY

895 NORTH 700 EAST - HOSTING CANDLE PARTIES

Ms. Henry appeared before the Commission to explain the nature of her candle company. The candles are made in Salt Lake City and she hosts candle parties at the homes of others. She has no plans to hold parties in her home. Francis Duzenack indicated inventory is not allowed. 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 Victorian Scented Candle Company. Penny Sampinos seconded and the motion carried.

III. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

HANDYMAN BUSINESS - TRENT WOOD

748 NORTH 100 EAST

Mr. Wood was not present and Alfred Richens moved to table this item. Laurel Marinos seconded and the motion carried.

IV. CONDITIONAL USE PERMIT - SIGN

PIZZERIA - TERRY FRY

55 SOUTH 700 EAST - PIZZA TAKE-OUT SIGN

Mr. Fry appeared before the Commission and explained he would like to expand his menu to include pizza and pasta and, his restaurant, Cadillac Jacks, to accommodate the change. He has plans to set up a take-out pizza business in the vacant area just south of his present location. He does not want to combine the take-out business with his restaurant business. He plans to have a counter, a warmer and two tables where customers can wait for their orders. However, all cooking will be done in the Cadillac Jacks kitchen. He will install a 3' x 6' facia sign for advertisement.

Gus Cayne, owner of Rosie's Deli and a tenant in the same building, expressed his concern regarding the available parking. Joe Piccolo asked how the pizzeria would effect the present parking. Mr. Cayne indicated he will be extending his business hours during the summer months and be open evenings. His parking lot is on the south side of the building and there have been some parking problems. With three food establishments in the same block, the street parking is quickly taken. His parking lot is in bad repair and unusable and he feels this is detrimental to his business. Discussion was held concerning the use of the parking lot.

Joe Piccolo asked if there was prior reference on the finishing of the parking lot. Francis Duzenack indicated that it was part of the original project when Cadillac Jacks moved to the building. It was to be completed as part of the project, however, he was not certain of the time frame. Mr. Fry told the Commission that, although he would like to blacktop the parking lot, due to finances, he could not do so at this time. Francis Duzenack said the parking lot, along with the additional parking between Cadillac Jacks and CJ's Do It Center, was scheduled to be paved.

Mr. Piccolo indicated unpaved parking lots are not approved in Price City, but can be temporarily accepted. He feels some type of criteria can be set so that Mr. Cayne will have accessible parking. He suggested bringing the parking lot to grade and adding a layer of pit run and road base and allowing 30 days, weather permitting, in which to complete the work. Mr. Cayne said that would be acceptable. Mr. Fry indicated he would put gravel on the lot as soon as weather permits. Francis Duzenack reminded the Commission that Price City requires pavement of parking lots and this is only a temporary solution. He feels it would be prudent to research the minutes on the original approval and have the information for the next meeting. Mr. Angotti asked for a time frame to allow for completion of the blacktop. Mr. Duzenack again suggested reviewing the original approval because that issue was part of the original Cadillac Jack's project and there was a great deal of talk about the amount of parking and the paving. Joe Piccolo indicated he had checked the list of Temporary Conditional Use Permits and had found no relevance to the Temporary CUP for parking or paving and, in view of that fact, he would like to see this issue resolved tonight. He feels Mr. Fry should be allowed a period of 18 months in which to complete the paving. Larry Bruno indicated that a Temporary CUP was not a part of Cadillac Jack's original approval and feels it should be treated as a parking lot for any other business. Francis Duzenack again suggested reviewing the minutes of that meeting. Joe Piccolo asked what the results would be from looking at these minutes. Mr. Duzenack said looking into it would show the actual final approval and if paving was something that should already have been done. The Commission can review and then extend that approval, giving Mr. Fry additional time in which to complete the work. Alfred Richens reminded the Commission of the problems of issuing time limits, saying it was important to be consistent when granting time limits for Conditional Use Permits or refrain from doing it at all. Joe Piccolo indicated the Commission must decide to either revoke the Conditional Use Permit, for which there is no benefit, or extend it. He recommends an extension. Following discussion, Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign for Pizzeria, requested by Terry Fry, contingent upon improvement of the south parking lot with grade and road base to alleviate the existing water problem within thirty (30) days time, weather permitting and extend a Temporary Conditional Use Permit for the paving of the parking lot to expire on September 1, 2000. Gary Lyon seconded and the motion carried.

V. CONDITIONAL USE PERMIT - CONCEPT

2-G CORPORATION - OFFICE BUILDING

828 EAST MAIN - JON ANAST

Mr. Anast appeared before the Commission and referred members to the site plan. The project will be built behind Hogi Yogi. They will build this office specifically for a data entry company employing between 80 and 120 part-time employees. They have three other interested tenants. Soil tests have been completed and they are requesting approval to do some preliminary site work. Joe Piccolo asked about the ingress and egress property to the southwest which is considered emergency only with a crash gate. Mr. Anast indicated the property and crash gate remain intact. However, there is a contingency. The property on the southwest corner, which will be a parking lot below the building, is not yet theirs. It belongs to Price City. Jack Singleton has indicated that when they develop the subdivision south of the property, they will ask Price City for this property and 2-G has an agreement with Mr. Singleton to trade the property to them for other property. If Mr. Singleton does not develop his subdivision before 2-G is ready to build, 2-G will come to Price City and ask for or buy the property ahead of time. Mr. Anast indicated they would like to have the subdivision developed prior to their building, so they will not have to build a lift station to Main Street. This would allow 2-G access to a six or eight inch sewer line to the south. He would like Concept Approval so that negotiations might continue with the lessee. The 9600 square foot building will be built of block and there is more than adequate parking. There was no further discussion on this project and Larry Bruno moved to grant a Conditional Use Permit - Concept for 2-G Corporation. Alfred Richens seconded and the motion carried.

VI. CONDITIONAL USE PERMIT

REQUEST TO VACATE THE STREET AT 300 WEST ABOVE 200 NORTH

JEFF RICHENS

Jeff Richens appeared to explain his request. He wants to construct a carport on the east side of his house. Because his home is located on a street corner, the set-back requirements would be twenty five (25) feet in both directions and the roadway is only twenty (20) feet wide. Initially, he was requesting to vacate the roadway and become the owner of the property to the middle of the road. However, the Price City Police Chief recommends keeping a pedestrian roadway open to Westridge Middle School. There is also a sewer line through the roadway requiring easements. Price City Attorney is concerned with City liability connected with the use of students using the walkway and parents in vehicles using the street as a pick up zone for their children. Mr. Richens does not want the liability of school children playing on the hill and falling and neither does the adjoining property owner, the Hunts.

Therefore, Mr. Richens has modified his request and the Price City Attorney recommends that Price City close the street from vehicular traffic and turn it into a pedestrian walkway. Price City will vacate the street and retain ownership only; install the pedestrian walkway and allow Mr. Richens to build his carport on the east side of his home. Mr. Duzenack explained that this move would basically declassify the street. It would no longer be a formal street, but would be a parcel of Price City owned property that can remain in use as it is. The only thing that would change would be the vehicular traffic would be prohibited with possibly some type of barricade at the bottom of the hill. By eliminating this as a formal street, Mr. Richens is no longer on a corner lot, thus eliminating the twenty-five (25) foot set-backs on the east side of his house. Discussion was held on this matter.

Mr. Albert Vogrinec, a resident of the neighborhood, told the Commission that work was going on behind his house in regards to the drainage water coming down from the school. They are trying to route the water into the nearby canal ditch. He feels this could have some bearing if there is only one street. It will give vehicle access because trucks are used along that road when the ditches are cleaned in the spring. Mr. Richens indicated that the drainage comes off the school parking lot and the work is being done by the Carbon County School District to route this drainage into the canal ditch and prevent flooding of the neighborhood below. Mr. Vogrinec indicated that neither of the original streets have been used for traffic as the buses could not get to the school in the snow and emergency vehicles do not use it because of poor access.

The gates are kept locked and only those who have keys - primarily individuals who are concerned with irrigation, have access. Mr. Vogrinec would like the gates to remain closed, but would like to insure that there would be a pedestrian-walkway for the students.

Gary Lyon indicated he was reluctant to incur any costs to Price City over Mr. Richens wanting to close the street. Joe Piccolo agreed but did not feel this could constitute a large expense. He would like to see the barrier be of a crashable type in the event of an emergency. This may warrant input from Price City Council and the Price City Engineer. Mr. Richens suggested removing the gate at the top if a crashable barrier is going to be installed at the bottom of the hill.

After discussion on the matter, Gary Lyon moved to forward favorable recommendation to Price City Council for the Conditional Use Permit for the closure of the street at 300 West above 200 North in Price, with the recommendation that the property owner, being the beneficiary of the action and the action being a legal action, provide the barricades, subject to the approval of Price City.

After some discussion on this motion , Joe Piccolo then amended the motion to read: "with the recommendation that the Price City Council, consider the financial obligation to be imposed on the property owner, the beneficiary of the action, with barriers being placed at the top and bottom of the hill, subject to the approval of Price City. It is also recommended that Mr. Richens contact the Price City Attorney and Price City Engineer to determine what liability, if any, Mr. Richens will assume by installing the barriers himself and what liability, if any, will Price City assume by allowing Mr. Richens to do work on Price City property." Joe Piccolo seconded and the motion carried. Alfred Richens abstained from voting due to conflict of interest.

VII. INFORMATION - CEU MASTER PLAN REVISION - KAREN BLISS

Karen K. Bliss, Dean, Institutional Advancement, College of Eastern Utah, appeared before the Commission to present finalized drawings of CEU's master plan. She discussed the proposed future campus development, addressing questions and concerns and asking for Commission input.

VIII. STAFF

Nothing to report at this time.

There was no further business and the meeting adjourned at 7:35 P.M.