Minutes

Price City Planning and Zoning

July 10, 2000

Price City Hall 6:00 P.M.

Present: John Angotti, Chairman Vern Jones, Community Administrator

Alfred Richens Francis Duzenack, Zoning Administrator

Laurel Marinos Carolyn Vogrinec, Secretary

Gary Lyon Penny Sampinos

Joe Piccolo

Penny Sampinos

Excused: Larry Bruno

Also Attending:

Brett Fausett Bob Wilson

Shirley Alger John Alger

1. MINUTES OF JUNE 26, 2000

There were no corrections or additions and Alfred Richens made a motion to approve the minutes of June 26, 2000 as read. Laurel Marinos seconded and the motion carried.

2. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

B & M GLASS REPAIR

1101 SOUTH CARBON, #97

REPAIR OF WINDSHIELDS ON SITE

BRET FAUSETT

Mr. Fausett indicated his business is a mobile glass repair where the work is performed on site and no inventory is maintained. There were no concerns and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only of B & M Glass Repair. Gary Lyon seconded and the motion carried.

3. CONDITIONAL USE PERMIT

FILL OF AREA AT APPROXIMATELY

745 EAST 200 SOUTH

(OLD CARBON CREDIT UNION PARKING LOT)

JOHN ALGER, OWNER

Mr. Alger appeared before the Commission explaining he plans to buy the Carbon Credit Union Property, but is not certain he will relocate his business. There are actually three pieces of property at this location. He would like to reclaim some of the wash by filling the area. They will be able to determine how much fill will be needed when they begin the work. He indicated he already has a tenant in the building, Head Start and Ascension St. Matthews Church has expressed an interest in relocating their church to this location also. They will make a decision sometime this week. There is adequate parking for both tenants. Alfred Richens indicated Mr. Alger would need a Conditional Use Permit because it is a change of use for the building. Vern Jones indicated the rubble shown in the pictures will be knocked down so it will be on the bottom of the fill. Then he will be coming back in with more suitable material in 6" lifts so there will be good compaction. There were no other concerns and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for John Alger to fill the area at approximately 745 East 200 South. Gary Lyon seconded and the motion carried. Mr. Alger was asked to meet with Price City Engineer Gary Sonntag and obtain a Fill Permit before beginning work.

4. CONDITIONAL USE PERMIT

DOROTHY WILSON PROPERTY

153 NORTH 200 WEST

PERMISSION TO WAIVE REQUIREMENTS FOR

STREET IMPROVEMENTS IN ORDER TO OBTAIN

A BUILDING PERMIT FOR A MODULAR HOME

BOB WILSON

Bob Wilson appeared before the Commission on behalf of his mother, Dorothy Wilson to challenge the Price City Ordinance 97-00 and 96-007 requiring the installation of street improvements. He feels the area in which Mrs. Wilson lives does not meet the first paragraph of Chapter 13, 13.3 “ Purpose - To provide areas in appropriate locations for high intensity public, quasi-public, commercial, office, and multiple-family uses which may center in harmonious relationships based on planned development for mutual benefit.” Mr. Wilson indicated the street is a dead end road and presented a site plan received from Price City in 1997 when they re-did the property lines of the road coming up 200 West. He reviewed the location of the property in question, showing the existing property and fence lines. If the street improvements are installed, Mrs. Wilson would be the only resident on the street with these improvements. The curb would be protruding from the existing fence line approximately 11' according to the scale on the map and would create a eyesore and a maintenance problem for Price City. There are six existing residences on the street, all built in the 1930s. Mrs. Wilson’s home was damaged by fire on April 29, 2000. The family’s only choices are to leave the home as it is, restore the home or install a modular home. They don’t want to restore the home because of the smoke smell in the old lath and plaster, but favor the idea of a modular home. Mrs. Wilson is handicapped and the family would like to resolve the issue and their mother would like to be back in her own home.

Mr. Piccolo indicated Gas and Go sits on the corner. Their curb and gutter turns north on 200 West and proceeds to their property boundary. Mr. Wilson said this was so, however, it is not on the same side of the street as the Wilson Property. Mr. Angotti asked concerning the possibility of future street development on that street. Mr. Wilson said he had lived there since the age of five and, to date, nothing has been done to the street, with the exception of the removal of the railroad spur. He presented a map dated 1991 showing planned development coming onto 100 West, but to date nothing has been done. Mr. Wilson explained that, if in some point in time, it is required of everyone else or even one or two residents on both sides to do these improvements, he would agree to comply. However, he is opposed to being the only resident having the improvements and opposed to having them protrude so far into the road. The starting point of his curb is at the new property line, so there will be a curb, a gutter, parking area and a sidewalk, making it 57' distance up the entire street. He feels Intermountain Farmers and other property owners will not support the idea of these improvements on their property.

However, under Price City Code, all of this property is grandfathered and can remain that way, until changes are made, then improvements must be installed.. Vern Jones said this requirement is requested by Price City. He feels there is no choice but enforcement. If this is a challenge to the requirement, then it should go someplace else. Mr. Wilson indicated Price City Engineer Gary Sonntag directed him to Planning and Zoning as a beginning point. Alfred Richens indicated there is a City Ordinance concerning improvements. Mr. Wilson said that is true, but he still feels it does not meet the 13.1 Paragraph of the Land Development Code. The improvements will be in the road way and who will be liable, Mrs. Wilson or Price City, if there is damage to vehicles driving over the curb and gutter protruding into the roadway. He said he understood, that after a years time, it would become the liability of Price City. Gary Lyon asked if Mr. Wilson had obtained a price for the installation of the improvements. He indicated he had priced curb only for a cost of $1600.00. At the time, he was unaware he would be responsible for the other improvements. Joe Piccolo said that, unfortunately, at the time those homes were built, there was no code that required pedestrian walkways. That is the intent of the curb, gutter and sidewalk as it exists today. There are many undeveloped places in Price City with small areas of curb and gutter around it. In the future, as those homes begin to be remodeled and replaced, they too will meet those standards. Mr. Wilson said if more neighbors or residents around the area would comply, he would not have a problem with the request. Joe Piccolo said the residents will comply as their requests are made - Mrs. Wilson is making the first request. In the future, there will be significant development on the east side of 200 West and as it develops, it will fill in and improvements will be done on the street frontage on 200 West. There is a good possibility of either an apartment or office complex on this property. Laurel Marinos asked if a time extension could be granted for Mr. Wilson on this development. Mr. Piccolo feels as it develops, it should be put in one piece at a time by the developer. That’s the way it has always been and that’s the rule. He referred to the Vouk Development on 200 North saying street improvements had been installed on this property and the results were very good.

Mr. Wilson said he would agree to that if they could match the existing fence line, but with the new property addition, it will not match. This is why he is saying this requirement does not meet the first chapter of the ordinance. Mr. Piccolo asked if this was a commercial development - it indicates a commercial zone. Mr. Wilson told the Commission this was not commercial even though it is indicated. Mr. Sonntag told him it was the same ordinance for Commercial and Residential. Their property line is right on border line and no one seems to be able to determine with certainty which zone is correct. Following extensive discussion, Alfred Richens suggested referring this matter to the Price City Attorney for his review and opinion. Building Official Francis Duzenack concurred saying there may be other options available because of the fact it is an existing building having been damaged by fire and the family is looking at a replacement in lieu of a rebuild. Chairman Angotti reviewed the situation with Mr. Wilson. Joe Piccolo will discuss the matter with the Price City Attorney and follow up with Mr.Wilson. Mr. Wilson was in agreement with this. Joe Piccolo made a motion to table Item IV and re-schedule it for the next meeting of July 25, 2000 or until such time as the Price City Attorney considers and reviews the situation for a possible solution. Penny Sampinos seconded and the motion carried.

5. CONDITIONAL USE PERMIT - SIGNS

A-FRAME SIGNS TO ADVERTISE

EMERY COUNTY FAIR

END OF JULY THROUGH AUGUST 7, 2000

VERN JONES, COMMUNITY ADMINISTRATOR

Emery County Fair Director Kathy Justice was unable to attend and Vern Jones made the presentation. They would like to advertise the Emery County Fair with two or three A-frame Signs - one on her own property and one on Smith’s property. These are the standard 4' x 4' A-frame signs and none will be placed on public property. There were no concerns and Gary Lyon moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - A-Frame Signs for the Emery County Fair. Laurel Marinos seconded and the motion carried.

6. STAFF

Nothing at this time.

There was no further business and Gary Lyon made a motion adjourn. The meeting adjourned at 6:35 P.M.