MINUTES OF NOVEMBER 10, 2008
Larry Bruno, Chairman Nick Tatton, Community Director
Frankie Sacco Laurie Tryon, City Recorder
OTHERS PRESENT: Ed Ellis, Patsy Bueno, Kevin Axelgard, Clint Motte, Deon Kone, Emma and
Sherald Law, Mr. and Mrs. Gene Mott
I PLEDGE OF ALLEGIANCE
Chairman Bruno led the Pledge of Allegiance
II ROLL CALL
III MINUTES OF OCTOBER 20, 2008
Commissioner Lyon moved to approve the minutes of October 20, 2008 as presented.
Motion seconded by Commissioner A. Richens and carried.
HEARING TO RECEIVE INPUT ON THE PROPOSED
DISTRICT/LDS CHURCH SUBDIVISION LOCATED AT APPROXIMATELY 50 EAST
MOTION. Commissioner Hanna-Smith moved to open the public hearing at 6:02 p.m. Motion
seconded by Commissioner Lyon and carried. No public input was received. MOTION.
Commissioner Shook moved to close the public hearing at 6:03 p.m. Motion seconded by
Commissioner Lyon and carried.
VI APPROVAL OF SUBDIVISION REQUEST FOR CARBON SCHOOL DISTRICT/LDS CHURCH LOCATED AT APPROXIMATELY 50 EAST 500 NORTH
Superintendent Patsy Bueno and Deon Kone requested an application for a land subdivision for
School District and the
subdivision request is available under Section 7.7 of the Price City Land Use Management and
Development Code (Code). The submitted subdivision plat has been provided and reviewed by the
MOTION. Commissioner A. Richens moved to recommend approval. Motion seconded by
Commissioner Hanna-Smith and carried.
VII CONDITIONAL USE PERMIT- LOT LINE ADJUSTMENT-PRELIMINARY AND FINAL 690 SOUTH HWY 55- DINOSAUR TIRE- KEVIN AXELGARD
Kevin Axelgard requested a lot line adjustment with his neighbor, Mike Loveless. They have
concurred to alter the lot line separating their properties. The lot line adjustment is available within
the Price City Land Use Management and Development Code (Code) under the subdivision
provision in Section 18.104.22.168. Review of the proposed lot line adjustment does not create any
non-complying conditions with either lot involved. Parcels affected by the lot line adjustment:
· Axelgard Parcel: #01-2602-0000
· Loveless Parcel: #01-2601-0000
Staff recommended approval to provide the lot line adjustment subject to the
following conditions which were read aloud by Chairman Bruno.
MOTION. Commissioner Shook moved to approve the lot line adjustment with the stated contingencies
and to have the lot line recorded with the warranted deed. Motion seconded by Commissioner R. Richens
and carried. ACCEPTANCE: The commission confirmed the acceptance and understanding of the approval
conditions by Kevin Axelgard.
VIII COMPLIANCE REVIEW- CLINT MOTTE- 1592 E. 500 S. - PROPERTY ISSUE WITH
Due to a complaint by Mr. and Mrs. Sherald Law, regarding land use and nuisance issues at Mr.
Clint Motte’s Property at 1592 E. 500 S., where he raises cattle, the items were reviewed by the
Planning and Zoning Commission. This same nuisance issue had been previously reviewed in
2006. The record (evidenced by the June 12, 2006 minutes) and information indicates that 2
animals are permitted on the parcel Mr. Motte’s home is on, parcel # 01-2622. The signed and
notarized letters and legal opinion regarding the substantiation of the land use through the letters
indicate that a ongoing land use for animals exists as a pre-existing, legal non-complying land use
on the 2 properties Mr. Motte purchased in 2007, parcel #01-2624-0003 and #01-2624-0002.
Since the land use is established, conditions upon which the land use may occur should be
implemented. Although Mr. Motte lives in the R1-8 zoning district, the animal reference in Section
10.14.2.1 of the Code relating to the Residential Estates (re) zoning district used for a reference
only indicates that “Keeping of animals and fowl, as an accessory use to a single family dwelling,
limited to the following: (1) Two large animals per lot and one additional animal for each 10,000
square feet over 1 acre. Large animals may include horses, cattle, goats, sheep or other animals
determined by the Planning and Zoning Commission to be compatible with this zone.”
Clint Motte stated that he has up to 12 head of cattle on his property at one time and that he feeds
and waters the animals directly behind his home. He stated that he usually has seven (7) of the
animals in the pasture and five (5) in the corral. The Laws are claiming that because Mr. Motte
waters the cows so close to their fence line, the smell is unbearable and the flies are a nuisance to a
point that they cannot have outdoor barbecues or have people over to their home. Sherald Law
stated that he would like the City to follow the animal ordinance and only allow two (2) head of
cattle on the property next to his home. Mr. Law stated that during the months of July and August
are the worst months because of the heat and he would agree to Mr. Motte keeping the two (2)
animals as long as Mr. Motte maintained the property, keeping the area as clean as possible to
cut down on the odor and flies. Mr. Motte stated that he purchased additional property in order to
have more animals and that there have always been animals on the property. He stated that his
property is grandfathered in to have animals and he does not plan on moving the animals. He
stated that he did not plan to move the water south in the pasture because it was too difficult to
water the animals and that he has a right to have the cattle wherever he wants on his property. He
stated that he feels Mr. Law is being vindictive and unfair to him and that its not really the animals
that Mr. Law is complaining about. Mr. Motte brought letters from surrounding neighbors that
were all in agreement that Mr. Motte’s cattle do not cause a nuisance. He stated that Mr. Law’s
home only has one side of property next to his and that Ms. Hackney has three sides connected to
the Motte’s property and she does not have a complaint. The Commissioners want to find a
compromise between the Laws and the Motte’s. Nick Tatton stated that there is not an animal
ordinance for the zone that Mr. Motte resides because it is an R1-8 zone which is residential and
there are no animal that since 1954 there have always been animals in the area and she hoped that
the neighbors could work together on a compromise. Mr. Motte stated that he purchased extra
property in order to have more animals and does not want to compromise with something he feels
is his right as a landowner. The Commissioners requested that both parties look into compromising
as neighbors and work it out on their own. Mr. Motte verbally agreed to clean the corral more
often in the summer months in order to control the smell and flies in the summer heat. The
Commission would like the City Attorney to provide additional information regarding nuisances,
sound agricultural practices and their authority to regulate this matter. The Commission instructed
Mr. Motte and Mr. Laws to return on November 25, 2008 to the Planning Commission meeting
with proposed conditions for the animals as a land use. MOTION. Commissioner R. Richens
moved to table the item until November 25, 2008 pending information regarding information from
the City Attorney and the proposed conditions from Mr. Motte and Mr. Laws. Motion seconded by
Commissioner Shook and carried.
IX COMPLIANCE REVIEW-RAY MORLEY-SORENSON COMMUNICATIONS-
Ed Ellis explained to the Commission the issues that he currently has with Sorenson
Communications building with the bright lighting, the parking, the four (4’) foot cement retaining
wall and the right turn only sign. Nick Tatton will review the items and update the Commission at
the next meeting.
X DISCUSSION- PLANNING AND ZONING COMMISSION TRAINING RETREAT- SET
A training session has been set for December 8th at 2 p.m. for approximately 3-4 hours.
XI UNFINISHED BUSINESS
a. Completion of off street parking requirements by 7-1-09
Meeting adjourned at 7:11 p.m. by Chairman Bruno pursuant to a motion by Commissioner Hanna-Smith.
APPROVED: _________________________ ATTEST: _________________________
Larry Bruno, Chairman Laurie Tryon, City Recorder