CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:30 p.m. All present included
Chairman Dennis Mehr,
Commissioner Cheyne McDonald,
and Commissioner Mike Scott.
STAFF: City Manager Judy Gubler, Building and Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson.
AUDIENCE: Rick Hill, Dave Sorenson, Marnie Blake, Barbara Rusick, Lance Anderson, Connie Butterfield, and others in attendance.
Chairman Mehr acknowledged there was a quorum. Commissioner John Reed and Commissioner Adel Murphy are excused because of other commitments.
Commissioner Scott led the Flag Salute.
Commissioner McDonald led the Invocation.
The Commissioners present had no disclosures or conflicts of interest with this agenda.
Kevin Rudd reported that this business proposes to operate a construction home office business and on rare occasions a construction trailer would be parked in between the detached garage/casita and the primary structure. When parked, the trailer would be behind and to the side of the home. A picture of the enclosed trailer is attached. The trailer would not be in conflict with the parking of the home. Staff recommends approval.
Commissioner Scott stated that he favors home office businesses in Ivins but he needed some clarification on the weight of the trailer since most 8x12 trailers would weigh over 2,000 pounds. The ordinance states that no vehicles can be over 2,000 pounds gross vehicle weight for home businesses. Also, the ordinance limits two vehicles to be used in the business and shall be capable of being parked in the garage.
Kevin Rudd stated that the applicant did not provide the height, and he wasn’t sure the garage was large enough to park the trailer inside.
Commission McDonald noted that it could be parked behind and to the side of the house.
Kevin Rudd explained that Staff has never required the gross weight on a trailer this size. However, this type of trailer has been approved in the past. The gross weight in the ordinance would be for a larger vehicle.
Chairman Mehr asked if this trailer would be subject to other ordinances regarding setbacks, fencing, etc. such as RV situations.
Kevin Rudd explained that the RV Residential Parking Ordinance allows service vehicles to be driven home. We interpret these vehicles as a truck and trailer or a larger service truck.
Staff did not receive any comments from the neighbors.
MOTION: Commissioner Cheyne McDonald moved to approve a Home Occupation License for NTP, Inc. located at 359 South Puerto Drive. Rod Butterfield, applicant.
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Kevin Rudd reported that this business license had been active for several years, and the applicant did not renew the license and it lapsed. There is a casita located in the rear part of the lot that will be used for the preschool. The fire department has approved the location. Staff recommends approval. The operating hours will be Monday-Friday 9:30-12:00 p.m., and there has been no negative comments received.
MOTION: Commissioner Mike Scott moved to approve a Home Occupation License for Leapfrog Preschool located at 486 W. 235 S. Marnie Blake, applicant.
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Kevin Rudd reported this is an amendment to the Ivins View Final Plat. The City Council approved the Preliminary Plan and had no comments. Staff recommends approval.
MOTION: Commissioner Cheyne McDonald moved to approve a Final Plat for an Amended Preliminary Plan for Ivins View Subdivision located at approximately 400 South and 50 West. Sun First Bank and David Sorensen, applicant.
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Kevin Rudd reported that the four (4) lots are located in Taviawk Subdivision Phase 9, Sub Phase U. The developer wanted to record Phase 9 in two (2) to three (3) lots at a time because of the economy. There is a development agreement. Staff recommends approval.
MOTION: Commissioner Mike Scott moved to approve a Final Plat for Taviawk Phase IX-U Subdivision located on Talasi Way. Kayenta Development, Inc., applicant.
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Kevin Rudd reported that this is Casita guesthouse is located on Posado Drive, and it complies with Chapter 1207 of the Zoning Ordinance. This Casita is 600 square feet and the plan fits within the required setbacks of Padre Canyon which requires a minimum side yard of fifteen feet (15’) but the plan provides a setback of twenty-five (25’) and the rear setback extends beyond their fence which is another one hundred seven feet (107’). The maximum height is fifteen feet (15’) and there is plenty of off street parking. A deed restriction will be signed before issuing a permit. The deed restriction allows the casita to be used for personal use and cannot be rented.
Chairman Mehr opened the Public Hearing and with no response closed the Public Hearing.
MOTION: Commissioner Mike Scott moved to approve a Proposed Class IV Conditional Use for a Casita located at 765 Posado Street. Robert and Ann Comfort, applicants.
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Kevin Rudd reported that he discussed this proposal with Alex Wigley several months ago but the ordinance would not allow the use in the proposed location. He went before the City Council and the Planning Commission and the Zoning Ordinance was amended by the City Council to allow the monopole within this zoning.
The maximum height allowed is thirty-five feet (35’), and the height is regulated by the zone (RA-1-Residential Agriculture, one acre lot). This monopole is twenty feet (20’) and will be placed by the existing transformers. The pole and antenna will be painted brown to blend with the land.
Once a conditional use is granted it goes with the property. Therefore, a condition cannot be placed on the use that the pole would have to come down in five (5) years. However, if this property is ever developed, the power poles may be removed and go underground. At that point the Commission should be able to review the application to see if there is another place on the property that would be more appropriate.
Chairman Mehr asked if the applicant was the owner of the property.
Kevin Rudd stated, "No" that the owner is Kayenta Development. Lance Anderson who is the agent signed for the property owner.
Commissioner McDonald asked if painting the pole should be added as a condition.
Kevin Rudd stated it would be appropriate to add the painting as a condition and a condition that if the property was developed and the poles came down the applicant would be required to come before the Commission to review the new location.
Judy Gubler stated that a condition should be to have the signature of the property owner on the application.
Chairman Mehr opened the Public Hearing.
Lance Anderson stated that he was in favor of the application being approved as it would help supply the community with high speed internet and voice over IP phone. There are areas in the community that are unable to reach other high speed services.
Alex Wigley asked if the application could be approved without the signature from the property owner.
Commissioner McDonald stated it could be approved as a condition.
Chairman Mehr closed the Public Hearing.
MOTION: moved to
SECOND:
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
Chairman Mehr asked if Ron Blake’s Zone Change Application passed by the City Council.
Commissioner McDonald advised that there were some issues with the corral and future road uses. Each adjacent property owner had a rightful dispute but the property was sold with good intent and the City Council approved the zone change.
|
C. |
Building & Zoning Administrator, Kevin Rudd (None) |
|
D. |
City Attorney, Dale Coulam (None) |
Continue discussion on revision of the Zoning Ordinance.
MOTION: Commissioner Mike Scott moved to adjourn
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Adel Murphy |
ABSENT |
| Commissioner John Reed |
ABSENT |
The meeting adjourned at 6:09 P.M.
Note: All attachments submitted during this meeting can be obtained at the Ivins City offices.