Price City Planning and Zoning
December 13, 1999
Price City Hall 6:00 P.M.
Present: Gary Lyon Francis Duzenack, Zoning Administrator
Penny Sampinos Carolyn Vogrinec, Secretary
Excused: John Angotti, Chairman
Larry Bruno, Vice-Chairman
Vern Jones, Community Planner
Alan Stout Jon Anast
Stephanie Simpson Nancy Mills
David Verdi Lisa Kurkura
In the absence of Chairman John Angotti and Vice-Chairman Larry Bruno, Alfred Richens made a motion to appoint Gary Lyon to serve as Chairman Pro-Tem during the course of this meeting. Penny Sampinos seconded and the motion carried.
I MINUTES OF NOVEMBER 22, 1999
There were no corrections or changes and Alfred Richens made a motion to approve the minutes of the November 22, 1999 Meeting as read. Laurel Marinos seconded and the motion carried.
II CONDITIONAL USE PERMIT - SIGNS
391 NORTH 400 EAST
Mr. Anast appeared before the Commission for approval of all three signs for the Milky Way. Mr. Duzenack indicated there was some concern with Sign #3, which appears to be in the public right-of-way. Mr. Anast concurred. The Land Development Code states that no sign shall be placed on public property or public right-of-way, except when expressly licensed by the City Council. In this case the Price City Council will have to review the placement before final approval is given. Mr. Anast explained the pole is actually located between the curb and the sidewalk, is within the required size and will not protrude over the curb or provide any type of obstruction. The pole sign is located in the same place as the old sign, but will need Council approval because of its location. There were no further questions and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Signs, contingent upon approval of the location of Sign #3 in the Price City right-of-way by Price City Council. Penny Sampinos seconded and the motion carried.
III CONDITIONAL USE PERMIT - SIGN
A J’s CUSTOM BODY & PAINT SHOP
500 SOUTH HIGHWAY 55
Mr. Stout described his sign as a 4'x 4' lighted sign and passed out photos to Commission Members. He indicated the location, saying the sign would be on his property about five feet back from the parkway and not in UDOT right-of-way. Alfred Richens asked if he planned on keeping the existing sign. If so, this could create a spacing problem. Mr. Stout indicated he would remove the old sign when the new sign was installed. There were no further questions and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign - for A J’s Custom Body & Paint Shop, contingent upon removal of the old sign when the new sign has been installed. Laurel Marinos seconded and the motion carried.
IV CONDITIONAL USE PERMIT - SIGN
CANOPY SIGN FOR K-MART GARDEN CENTER
610 WEST PRICE RIVER DRIVE
J G CONSTRUCTION
The presentation was made by Francis Duzenack as the construction company is based in California. This is a new small free-standing canopy at the existing K-Mart Garden Shop with a sign on it. The actual canopy size is slightly over 200 square feet when you include the arch, but the sign size is within our 200 square feet limitations. It doesn’t attach to the building at all because it is an entrance canopy. It sits out in front and covers the entry sidewalk. They are doubling the existing area for the garden shop and the permit for the construction of the canopy has already been issued. Joe Piccolo asked concerning the Land Development Code with reference to two large signs on the face of one building. Mr. Duzenack indicated the “Garden Center” sign will be removed. Each sign face will equal 200 square feet and the remaining signs will remain the same. There were no further questions and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Canopy Sign for K-Mart Garden Center. Joe Piccolo seconded and the motion carried.
V CONDITIONAL USE PERMIT - SIGN
LIFE LINE PREGNANCY CENTER
454 EAST 400 NORTH
Ms. Simpson, Director of Lifeline Pregnancy Center, explained they are authorized and under the direction of the Catholic Church. They would like to put a fascia sign above the door of their building measuring 4' x 8'. This sign meets the required regulations. There were no concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign - for Life Line Pregnancy Center. Alfred Richens seconded and the motion carried.
VI CONDITIONAL USE PERMIT - BUSINESS
375 SOUTH CARBON AVENUE (BTAC)
Mr. Gazell was not present and Joe Piccolo moved to table this item. Alfred Richens seconded and the motion carried.
Mr. David Verdi appeared before the Commission to represent Realtours, Inc. as Mr. Gazell was unable to attend. Joe Piccolo asked that his motion to table this matter be rescinded.
Mr. Verdi explained that Realtours has obtained office space at the BTAC. They are an internet business and can list real estate properties and homes from their website. They have a website for real estate listings that provides a virtual tour of the home. This gives the customer a good idea of whether or not it will be a home they might want to see. They are not competing with realtors nor are they realtors, but only provide a service that saves both parties time and money. Although they will focus on the State of Utah, eventually they will work with homes in other areas. There were no questions or concerns and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for Realtours, Inc. Penny Sampinos seconded and the motion carried.
VII CONDITIONAL USE PERMIT - BUSINESS & SIGN
MOUNTAIN LAND REHABILITATION
625 EAST 100 NORTH (ZIONS BANK EAST BRANCH)
Mr. Montgomery appeared on behalf of Mountain Land Rehabilitation, Inc. He explained this is a physical therapy practice and is an outpatient facility only. The proposed signs are a directional sign and a decal sign on the door. The requested signs are not regulated. There will be no major renovations to the building and adequate parking is available for both bank and clinic business. 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 Mountain Land Rehabilitation, Inc. Penny Sampinos seconded and the motion carried.
VIII BOARD OF ADJUSTMENT - STOCKBURGER & McDONALD
DUAL BOARD OF ADJUSTMENT REQUEST
TO SELL/BUY A PARCEL OF PROPERTY
WITH AN EXISTING GARAGE THAT CURRENTLY
SITS ACROSS A PROPERTY LINE
Francis Duzenack explained the circumstances of this Board of Adjustment request. There are two lots in a MR7 zone and both are pre-existing and non-conforming and under 7000 square feet. Years ago, the garage was actually built across the property line and crosses the property by about seven feet. The garage belonging to Mr. Stockburger extends onto the McDonald property. In order to make this work, they will need a Board of Adjustments variance. They can’t sell any property off of the existing parcel because they are already non-conforming. In this particular instance, it’s a problem caused by the properties and has been there for many years. This appears the only way to rectify the situation. They have worked out a solution with the neighbor. The McDonalds are willing to sell the seven foot parcel out in front of the garage as indicated by the dotted line and it will then angle back over to the original property line. This will allow the garage to be all on one property. Mr. Stockburger currently has both the building and garage up for sale, but has a problem selling because of the garage sitting across the property line. This situation has been there for several years and without the purchase of this property, the other option is to tear down a portion of the garage. Mr. Stockburger will have to go through the Board of Adjustment process. However, tonight, this item is before the Planning and Zoning Commission for a recommendation to be sent to the Board of Adjustments. Chairman Pro-Tem Gary Lyon asked if there were any concerns or questions. Joe Piccolo asked if this variance leaves enough room to get behind the original house when the property is taken. Mr. Duzenack indicated there would be room to get behind the McDonald house on the corner. Mr. Piccolo expressed concern as to whether or not there was access to the backyard, if needed. Mr. Duzenack told the Commission the back yard is accessed by the driveway on the south side of the house. Mr. Stockburger bought the property without this matter being resolved, however, he now wants to sell and cannot do so without taking care of this problem. The McDonalds are willing to sell the necessary property and all parties feel a variance is the most equitable way to solve the problem. There was no further discussion on the matter and Joe Piccolo moved to forward this matter to the Price City Board of Adjustments for a variance request and a solution to the problem. Penny Sampinos seconded and the motion carried.
1) Discussion was held on the list of Expired Temporary Conditional Use Permits. Status is as shown below:
1) Jo’s Oldies ‘N’ Goodies - Expiration 11-10-98
Extension of Temporary Use Permit
One Year on Improvements
Initially, it was a rental, then changed to an antique store
and is now again a rental. Owner, Dave Coon, is talking
with UDOT and Price City on this issue. It remains on the list for further action.
2) Celebrations Reception Center - Expiration 11-10-98
Bear Hugs Floral & Gifts
Extension of Temporary Use Permit
Completion of Rear Paving
Francis Duzenack indicated the rear paving has been done and only a Final Inspection is needed. This can be removed from the list.
3) O’Brien Plumbing & Heating - Expiration 01-27-99
Temporary Use Permit
Use of Building For Sheet Metal Manufacturing
Francis Duzenack indicated the sheet metal shop is
closed and other construction is being done. This can be removed from the list
Joe Piccolo asked that these businesses, Celebrations Reception Center, et al and O’Brien Plumbing and Heating be informed by form letter regarding the status of their Temporary Conditional Use Permits. The permit for Jo’s Oldies ‘N’ Goodies/Dave Coon will remain on the list for pending action.
2) Mama Lia’s Pizza - Information Only
Joe Piccolo asked about the status of the road on the south side of the house. He has noticed that poles have been placed as barriers and wondered if this matter was prematurely approved. Mr. Duzenack explained that Mr. Goergen has purchased the property on the south side of the house and when he paves Mama Lia’s Pizza, he will pave the entire area. He will also have a drive through and possibly a pick-up window. Mr. Goergen has installed the poles to keep neighbors from using his property.
3) Roscrea Apartments - Information Only
The contractor building the Roscrea Apartments came in for his Building Permit today and will begin work on the project tomorrow.
There was no further business and the meeting adjourned at 6:50 P.M.