Commissioner Lance Anderson moved to table without Bryan Pack here. 2nd by Commissioner Bob Morris. Commissioner Doug Clifford inquired if he can bring up a point that there was a situation in Palisades last week that was being worked on and had recently gone through combining two lots which led to a reasonably significant change in the elevation of the two lots. They brought in fill to meet elevation of the already existing home and the neighbor was concerned about what was happening, so Chuck Gillette went out and met with the neighbor and the developer and worked out a compromise. His question is, in situations where we have a city ordinance and an HOA, who trumps there? Chuck Gillette stated HOAs comply with our rules. Commissioner Lance Anderson stated they have to comply with City's rules but HOA's can be more strict. Dale Coulam stated that they can't use HOA rules to change what our statute requires. They can be more strict. They cannot loosen a standard and violate an ordinance. Commissioner Doug Clifford inquired if there is any precedent being set in that situation, because it now has two elevations in that property? What rights do each of those individuals have? Commissioner Lance Anderson stated that is a good thing to think about when we are combining lots. TRC doesn't look at lot line adjustments, but they look at lots when they are combined. We just need to bring awareness as we have staff looking at it to negotiate with the owner and who they would affect. It just isn't an issue that usually gets brought up. Chuck Gillette stated we have done a few lot combinations before but this is the first time it has ever really created a conflict. We can do the negotiation before we approve the lot combining. In this case the building permit is being used as a means to control the grading and comply with our standard. Commissioner Doug Clifford stated that his understanding is that the result was agreeable to both parties. It turned out okay. Commissioner Lance Anderson stated that is staff working for you. Commissioner Doug Clifford stated that they appreciated staff getting involved. Dale Coulam inquired if the two lots that were on the agenda tonight had any issues? Commissioner Doug Clifford stated no, that those two lots tonight were level. Commissioner Lance Anderson stated that now that we are aware of it we will remember. But we have never had this problem before. Dale Coulam stated we could look at it at preliminary plan and at final plat. If it is a prior final plat that has already been approved, the building permit may be the only avenue. Commissioner Lance Anderson stated that he thought about the ordinances we are trying to make, we are creating value. Sometimes that is not what people are trying to achieve in the smaller lots. If you want more value, you create bigger lots or keep heights down to create viewshed. He sees the benefit, but when he calculates the differences, it increases the cost. Think about that regarding grading. Commissioner Doug Clifford stated that we could make this conditional. Use it as a guideline. As we talked about it last time, it is hard to anticipate every scenario that is going to happen. Commissioner Lance Anderson stated that this ordinance is for a certain demographic. These rules are put into place because people come to town, build, and then leave us with the issues. All of Ivins has changed from years ago to now. We need to protect the values people have vested here right now for this community. Commissioner Doug Clifford stated he is still concerned about the wall-like streets in Palisades where backyards have become front yards. Commissioner Lance Anderson stated we turn to the Transportation Master Plan and if it is defined, they can do it. If the community wants it, then he has no issue with it because that is what they want, but if the HOA says no, then that's different. Chuck Gillette stated that he asked Mayor Hart his thoughts on whether he liked what was happening over there. Nobody's home values are decreasing up there, but he gets what the Commission is saying about gates into their driveway and they are looking more and more that way. If it doesn't hurt property values, we don't have a reason not to allow it. Commissioner Lance Anderson stated if that community wants it, then that's okay. That is why they have a gated community. Chuck Gillette stated that there is an idea we talked about HOAs being able to opt out of certain rules, if it was agreed upon. We already have that in our wall ordinance because it allows those courtyard walls to be pushed further out in gated communities. They would have to opt out at the beginning of the development or through their CCR's. It could be a good idea or a bad idea, but we have to be careful giving over that control. Commissioner Lance Anderson stated that around the outside they have to meet City ordinance because those are public streets, but along private streets they could make their rules. Commissioner Doug Clifford commended Chuck Gillette on doing a great job with this well crafted document and these guidelines will cause communities to be a lot safer. Commissioner Lance Anderson stated we will move this to the next meeting when Bryan Pack can join.