PRICE CITY PLANNING AND ZONING

MINUTES OF JUNE 12, 2006

 

PRESENT: Commissioners:    Chairman Larry Bruno, Ed Shook, Penny Sampinos

                                    Alfred Richens, Jeff Nielson, Frankie Sacco

Francis Duzenack, Building Official

Secretary: Laurie Tryon

 

EXCUSED ABSENCE: Commissioner Lyon

 

OTHERS PRESENT: Joane Pappas White, Kathy Chatterton, Tina Greener, Melissa Anast-Taylor, Clint Motte and Mitchell Stinson

 

I           PLEDGE OF ALLEGIANCE

            Chairman Larry Bruno led the Pledge of Allegiance.

 

II         ROLL CALL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

III        MINUTES OF MAY 22, 2006

A favorable motion to approve the minutes of May 22, 2006 as read was made by Commissioner Richens. Commissioner Shook seconded the motion. Motion Carried.

 

IV        HOME OCCUPIED BUSINESS AND SIGN-OFFICE USE ONLY-FINAL

            115 EAST 800 NORTH-PEACE OF MIND-KATHY CHATTERTON, OWNER

Kathy Chatterton presented this request for a Home Occupied Business at 115 East 800 North. This office use only business will offer home inspection services to home buyers needing a home inspected before purchase. Ms. Chatterton will have a standard size sign on the front door to show the business entrance if clients need come to her home for any reason. There will be two types of inspections available: Package 1 will have a base rate of $300.00 (2-3 hour inspection-80-90% guarantee) with Package 2 set at $2000.00 (which includes a complete report after inspection and an approx. 100% guarantee). This inspection service does not provide a bond/warranty but offers a contract with the customer which will release Ms. Chatterton of liability if a home defect is not detected at the time of her inspection. Ms. Chatterton will be protected under the Errors and Emissions Act if something in the inspection goes undetected and causes damage to the home. Ms. Chatterson will not be associated with any other national inspection chains; she will be a sole proprietorship business. She has been certified through the Better Business Inspection Services although the State of Utah does not require doing so. Ms. Chatterton will not be certified to test for mold, asbestos or lead base paint but will recommend testing if she detects problems. Staff recommends approval. A favorable recommendation for a Home Occupied Business and Sign Final was made by Commissioner Sampinos. Commissioner Richens seconded the motion. Motion carried.

 

V         HOME OCCUPIED BUSINESS -FINAL

            139 NORTH 2ND EAST-SYMMETRY PILATES-MELISSA ANAST, OWNER

            Melissa Anast Taylor presented this request for a Home Occupied Business. Melissa received 17 + approvals from surrounding neighbors and has more to add to her file as some home owners were not home. This business is a one on one Pilates method training exercise program for clients wanting to balance and tone their bodies. Melissa has received her certification and training through the University of Las Vegas in 2002 with a Masters Degree in Dance and Choreography. Hours will be set on client schedules either early mornings or evenings with only one vehicle in the driveway at a time. An 8 ½ x 11 sign in will be in the window for advertising and direction. There will be no loud music for this business. Staff recommends approval for this business and would like the remaining approved neighborhood signature forms delivered to the Building Department for file. A favorable recommendation for a Home Occupied Business and Sign Final was made by Commissioner Nielson. Commissioner Shook seconded the motion. Motion carried

 

VI        TEMPORARY CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL

            ANIMALS ON PROPERTY-1592 EAST 500 SOUTH-CLINT MOTTE, OWNER

Clint Motte presented this request to have 7 cows on his property until July 31st after breeding is complete when he will take them up on the mountain. The property is zoned SF-8 (no livestock permitted) and is grandfathered for two full-size (livestock) animals maximum (2 horses or 2 cows etc.) unless the animals are removed from the property for more than 365 days which would then remove the animal rights completely. Mr. Motte would like to keep a bull and a couple of calves on the property on a permanent basis but is only allowed two. This Conditional Use Permit should be for temporary use only until the end of July when he is done breeding the cows. Mr. Motte would like to continue to have cows and has decided to put the home up for sale and move to property where he can raise animals. At this time, the neighborhood doesn’t seem to have a problem with his situation except for one neighbor complaining of the odor from the cows. The neighbors have been told of the Temporary Use application and understand the temporary use until the end of July. A favorable recommendation for a Temporary Conditional Use Permit for 7 cows permitted on the property until July 31, 2006 contingent this is a one time request and a renewal each year is necessary for future use was made by Commissioner Nielson. Commissioner Shook seconded the motion. Motion carried.

 

VII      CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL

            79 WEST MAIN STREET-SECURITY FINANCE-TINA GREENER, OWNER

Tina Greener presented this request. Security Finance has been in business 5 years in Price. They have moved from 255 E. Main to 79 W. Main. Sign has been approved at previous location with sign requirements and limitations. Roberts Floral has a similar sign and is approved and recommended by Staff. A favorable recommendation for a Conditional Use Permit Business and Sign Final was made by Commissioner Sampinos. Commissioner Sacco seconded the motion. Motion carried.

 

VIII     CONDITIONAL USE PERMIT-BUSINESS AND SIGN-FINAL

            80 WEST MAIN, SUITE-#9-STINSON WELL SERVICES-MITCHELL STINSON, OWNER

Mitchell Bo Stinson presented this request to use office space located at 80 West Main for the business of Well Services. He will have an interior sign on the door directly outside his office in the hallway for direction. Staff recommends approval. A favorable recommendation for a Business and Sign Final was made by Commissioner Richens. Commissioner Nielson seconded the motion. Motion carried.

 

IX        CONDITIONAL USE PERMIT-CONDOMINIUM SUBDIVISION-PRELIMINARY

            690 WEST PRICE RIVER DRIVE-MILES LEBARON, MITY INCOME & ASSET

FUND, LLC.

Joanne Pappas White presented this request for Miles Lebaron of Mity Income & Asset Fund, LLC. Miles is with a law firm working on the condominium project at Creekview Shopping Center. The actual plan is more of a financing plan instead of a land development plan. Mr. Simmons, the person behind this project is involved in a number of different states, financing strip mall type setups like Creekview for their own owners. With the high rate of rent, he purchases “big box” investments like Kmart etc. and sells them back individually on contract to the tenants.

He has not closed on this property yet and is proceeding as preliminary in hopes a final will be coming soon.  Rick Krompel is working on concerns the Building Official had on compliance and has been able to work out the changes. Albertson’s building had to have a firewall increase and an additional exit  etc. An Architect is now involved in completing the changes. Buildings 9 and 10 are considered one unit and may be marketed as such and then leased to individual tenants. Kmart is its own separate parcel. Plans may be to carve off a portion of building 5 and 6 after requirements meet the code. The sidewalk across Price River Drive and a portion of 600 West needs to be installed. The corner of 1st north is UDOT’s and they will take care of their portion which is not part of this approval. Staff has spoken to the engineer for RB&G and he will detail it out on the plans adding the additional sidewalk which has been reviewed by the Price City Engineer. The plans have been sent back to RB&G for amendments and Price City will wait to get those back before asking for final. Staff has not seen any paperwork from the Condominium Association. Another issue is the awning on the front of the three buildings 8, 9 and 10 and how to protect the area for fire separation which needs to be evaluated by the architect for the project. A final submission will be recorded with the state. The parking lots and landscaping will become common area owned and maintained by the Association. The sidewalk is already in from Kmart halfway down 600 West and across 200 South. From 600 West following Price River Drive where it connects to UDOT’s sidewalk on 100 North. The sidewalks are necessary to complete the project as part of a development agreement with Price City. As a project is completed it is necessary to complete the street improvements of sidewalks, gutter and curb. Staff recommends this Preliminary approval and is contact with the project architects for modifications. A favorable recommendation for a Condominium Preliminary approval was made by Commissioner Shook. Commissioner Sampinos seconded the motion. Motion carried.

 

X         STAFF-

            There were no further items on the agenda and Commissioner Richens moved to adjourn. The meeting adjourned at 6:36 P.M.

 

 

APPROVED

 

________________________________________

Larry Bruno, Chairman

           

ATTEST

 

________________________________________

Laurie Tryon, Secretary