Minutes

Price City Planning and Zoning

September 11, 2000

Price City Hall 6:00 P.M.

Present: John Angotti, Chairman Vern Jones, Community Planner

Larry Bruno, Vice-Chairman Francis Duzenack, Zoning Administrator

Laurel Marinos Carolyn Vogrinec, Secretary

Joe Piccolo Gary Lyon

Alfred Richens Penny Sampinos

Also Attending:

Marvin Burghardt Sheila Burghardt

Madelyn Peterson Kevin W. Dunn

LaVern Young Jim Shorts

Barry L. Cook Steve Coleman

1. MINUTES OF AUGUST 21, 2000

There were no additions or corrections and Gary Lyon made a motion to approve the minutes of August 21, 2000 as read. Laurel Marinos seconded and the motion carried. Larry Bruno was not present at this meeting and abstained from the vote.

2. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

COLEMAN’S COUNTRY COOKING

130 EAST 200 NORTH

OUTDOOR COOKING AND CATERING

STEPHEN PAUL COLEMAN

Mr. Coleman told the Commission he will be going on site to do dutch oven cooking upon request. Joe Piccolo asked what the regulations were concerning outdoor catering services and discussion was held on the matter. There were no further concerns as Mr. Coleman meets all the requirements of a Home Occupied Business. Larry Bruno made a motion to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for Coleman’s Country Cooking, contingent upon compliance with all applicable State Board of Health Regulations. Alfred Richens seconded and the motion carried.

3. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

JOLLY GOOD TIME TOURS

163 NORTH 200 WEST

GROUP BUS TOURS

MADELYN PETERSEN

Ms. Petersen explained the nature of her business saying she arranges bus tours and uses her home as an office. The buses, owned by Smith Transit, load at the Carbon County Senior Citizen Center or perhaps a church parking lot, but never in neighborhoods. There were no concerns regarding this business and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for Jolly Good Time Tours. Gary Lyon seconded and the motion carried.

4. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

B. C. MOBILE WASH

759 NORTH 100 EAST

MOBILE CAR WASH & DETAILING

BARRY L. COOK & JEFFREY D. BARLOW

Mr. Cook appeared to represent this business and explained they will be washing and detailing cars, using a soft water rinsing system. This will be done on site all through the year. Joe Piccolo asked if there were plans to clean engines. Mr. Cook indicated they may consider it sometime in the future. The equipment used is a filtering water system and he explained the way by which it will work. Vern Jones asked if this was commercial equipment and if it would have back-flow prevention. Mr. Cook explained it was similar to a soft water unit, but he will check with the manufacturer concerning the back-flow prevention. Mr. Jones felt back-flow is something of which we must be aware. Joe Piccolo asked if, when car engines are washed, where will the grease, oil and dirt go? Mr. Cook indicated he thought it might be a concern and checked with the Department of Health - Environmental Quality, but to date has not received a response. He has checked with others who do this same operation and all of them stated that they went through the business licensing without any problems. He also did some research, but could not find anything specific that applies to this type of cleaning. Joe Piccolo expressed concern regarding the safety of cleaning the vehicles in residential areas, the disposal of non-soluble items such as greases and oils resulting from the cleaning; the types of chemicals and soaps to be used and compliance with any requirements by the State.

He felt more clarification on the application itself was needed before approval could be given. Mr. Cook agreed more information is necessary before he can proceed and he will speak to his partner and return to Planning and Zoning when all details have been clarified. Francis Duzenack recommended he contact PRWID before he begins engine work because of their strict requirements. Joe Piccolo then moved to table this item for further consideration. Gary Lyon seconded and the motion carried.

5. HOME OCCUPIED BUSINESS

TITAN STARTER & ALTERNATOR REPAIR

250 NORTH 6^TH AVENUE

REPAIR OF ALTERNATORS AND STARTER MOTORS

MARVIN BURGHARDT

Mr. Burghardt returned once again to request approval of his Home Occupied Business. Chairman Angotti asked Commission Members if they had reviewed the safety information and letter from PRWID contained in the application. Alfred Richens stated he still feels there is some risk involved and is concerned about the final disposition of the generated liquid. He does not feel comfortable about having it handled in a residential area and would rather see it in a commercial area. Larry Bruno asked Mr. Burghardt about the quantity of generated liquid. Mr. Burghardt indicated he qualifies as what is considered to be a small quantity generator, less than 100 milligrams per month. He uses a closed container washer system and, as it evaporates, it condenses down to create solids. These solids will be transported to ECDC by Mr. Burghardt for disposal. Gary Lyon asked if Mr. Burghardt would have to provide a test result before the solids could be taken to ECDC. Mr. Burghardt indicated this would be a possibility, but the State Environmental Engineer does not feel these solids are hazardous waste. Mr. Burghardt also explained his procedures for repair of starters and alternators. Francis Duzenack indicated he has no concerns; Mr. Burghardt appears to be using a safe product and will handle his disposal properly.

Vern Jones is concerned with the amount of traffic generated by the business. Mr. Burghardt indicated the public will not be bringing items to him, but mining companies will make a parts pickup once or twice a week. Mr. Piccolo feels there may be a greater traffic impact than anticipated and indicated although he was in support of the business, he firmly believes it belongs in a commercial rather than a residential district.

PRWID is unconcerned about this situation because they have no jurisdiction in a residential area, thus creating another problem. If there is a mess, there is no way to control it, clean it up, enforce it or monitor it and this causes concern. Then there is the matter of a pressure washer that is going to displace grease and other contaminants in the neighborhood and this should be carefully reviewed. Mr. Burghardt indicated he has a closed system parts washer, uses Simple Green and it works great. He is not an advocate for the use of solvents.

Chairman Angotti asked other Commission Members for their opinions. Gary Lyon indicated he was in favor of the approval, providing Mr. Burghardt stays within the rules of compliance and does not create a nuisance in the neighborhood. Joe Piccolo indicated part of the problem is there are no environmental laws in the residential neighborhoods of Price. Mr. Burghardt indicated environmental laws apply to everyone at every location. Larry Bruno is in favor of approval indicating that if there is a concern, it can be approved on a temporary basis with a future review. Penny Sampinos and Laurel Marinos also indicated support for the approval. A motion was made by Alfred Richens to table the matter and direct it to the next Price City Council meeting for their input and decision. He feels because this is a residential area, the more input given, the better the chance of a good decision and he will fully support whatever decision is made. Joe Piccolo seconded the motion. Voting on the motion was as follows:

Alfred Richens – Aye Laurel Marinos – Nay Penny Sampinos - Nay

Gary Lyon – Nay Larry Bruno – Nay Joe Piccolo - Aye

The motion did not carry and more discussion was held on the issue. Larry Bruno presented a new motion to forward a favorable recommendation to Price City Council for a Temporary Conditional Use Permit for the Home Occupied Business of Titan Starter and Alternator Repair for a period of one year. At the end of this time, Mr. Burghardt will return to Planning and Zoning with the following information for Commission review:

1) survey responses from the neighborhood concerning traffic

2) records of any waste spillage

3) records showing when and how disposition of waste was handled

Gary Lyon seconded and the motion carried. Voting on the motion was follows:

Alfred Richens – Nay Laurel Marinos – Aye Penny Sampinos - Aye

Gary Lyon – Aye Larry Bruno – Aye Joe Piccolo - Nay

It was recommended by Commission that Mr. Burghardt attend the Price City Council Meeting scheduled for Tuesday, September 12, 2000 at 5:30 P.M.

on behalf of his business.

6. CONDITIONAL USE PERMIT

VALLEY MONUMENT & WASH

97 EAST 100 NORTH

CONSTRUCTION OF OFFICES ABOVE LAUNDROMAT

FOR CASTLE VALLEY SERVICES

KEVIN DUNN

Mr. Dunn appeared before the Commission to represent Valley Monument & Wash. He explained there is only one large framed area upstairs at present and they would like to construct one big office and two smaller offices for their accounting staff. Adequate parking here is of some concern. Joe Piccolo indicated, that according to the drawing, there is 2500 square feet upstairs and this calculates to 8 ½ parking spaces. Francis Duzenack told the Commission that he and Mr. Dunn reviewed the entire building and calculated 15 spaces, however, there are presently 13 spaces now available which will provide adequate parking. Mr. Dunn indicated employees can park in the Price City Parking Lot so all parking can be used by customers. There were no further concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for Valley Monument and Wash. Gary Lyon seconded and the motion carried.

Vern Jones mentioned to Mr. Dunn that landscaping was part of the original Conditional Use Permit on the car wash and has not yet been completed. Mr. Dunn indicated they have started to do this work.

7. CONDITIONAL USE PERMIT - BUSINESS AND SIGN

YOUNG HERBS

55 NORTH 600 EAST

SALES OF NUTRITIONAL SUPPLEMENTS & COUNSELING

LAVERN YOUNG

Mr. Young explained he will be selling herb products and offering counseling for their use. The sign is the middle sign on the sign post in front of the building and meets the sign code. There were no concerns and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Business and Sign for Young Herbs. Laurel Marinos seconded and the motion carried.

8. CONDITIONAL USE PERMIT

RICHARD HACKWELL (FARM BUREAU INSURANCE)

451- 471 EAST MAIN

CONSTRUCTION OF OFFICE BUILDING

RICHARD HACKWELL AND BRENT BARKER

Jim Shorts made the presentation on behalf of Mr. Hackwell. This is a concept plan for construction of an office building at the above address. The white house to the east will be demolished and the white house on the west will be left up for a period of time, but ultimately, it too will be demolished. He is asking for Commission input at this time. Joe Piccolo indicated the only problem of concern is of adequate parking. The property is in a Commercial Zone and is permitted. Following discussion, Vern Jones recommended the application be accepted and that they return to Planning and Zoning with more detail. Joe Piccolo made a motion to accept the application of Richard Hackwell of Farm Bureau Insurance and requested they return with further information as the project develops. Larry Bruno seconded and the motion carried.

10. STAFF

Nothing to report at this time.

There was no further business and Larry Bruno made a motion to adjourn. The meeting adjourned at 7:10 P.M.