SOUTH JORDAN CITY
PLANNING COMMISSION MEETIING
May 12, 2009
Present: Chairman Linda Auger, Commissioner Paul Pugmire, Commissioner David Wood, Commissioner Kevin Tominey, Commissioner Beverly Evans, Assistant City Attorney Ryan Loose, Deputy City Engineer Jeremy Nielson, Community Development Director George Shaw, City Planner Greg Schindler, Planner Damir Drozdek, Deputy City Recorder Cindy Valdez
Others: Charles Smith, Mrs. Smith, Wilford Forsberg, Harold W. Rossberg, Joanne Moore, Betty Deverick, Nathan Cuhin, Blain Maw, Wayne Smith, Karen A. Hill, Janet Valenzula, Ross Westover, Ora Mae Westover, Leah Holiday, Aditya Vinadhara, Spencer Daines, Indpj Neelamagha, Selvam Rajanvelo, Scott Wood, Mark Ellermier, Steve Barnes, Brynn Nufer, Les Casperson, Angela Casperson, Brent H. Scott
6:30 P.M.
COUNCIL CHAMBERS
REGULAR MEETING
I. GENERAL BUSINESS
A. Welcome and Roll Call
Chairman Auger welcomed everyone present. She noted that all the Planning Commissioners were present.
Chairman Auger welcomed Scout Troop #11726 to the Planning Commission Meeting.
B. Motion to Approve Agenda
Commissioner Tominey made a motion to approve the May 12, 2009 Planning Commission Agenda, as printed. Commissioner Wood seconded the motion. The vote was unanimous in favor.
C. Approval of the Minutes from the Meeting held on April 28, 2009
Commissioner Evans made a motion to approve the April 28, 2009 Planning Commission minutes, as amended. Commissioner Tominey seconded the motion. The vote was unanimous in favor.
II. INFORMATIONAL ITEMS AND OTHER BUSINESS
A. CALENDARING ITEMS
Community Development Director George Shaw said at the last meeting we talked about the possibility of a June 30, 2009 General Plan Workshop, but that date did not work out. We are looking at June 10th but there are four people that cannot come on that date, so that date is in question now. We are in a quandary as to what to do. We don’t want to delay the General Plan process, but in the mean time the City Council has asked us to have an open house in regards to the potential open space area east of 1300 West. This would also be during the month of June. We are scratching our heads as staff as to how we are going to get this all done and still find the dates that are acceptable for most everybody, knowing that it is summer and it’s difficult to get everyone together. The June 10th date is on the calendar for now, but you may receive an email this week with some alternate dates. If you have any suggested dates that would work for you in June or July, please call or email them to the City Staff.
Commissioner Paul Pugmire said he apologized, but he would only be able to attend tonight’s Planning Commission meeting until 8:30 p.m.
B. COMMENTS FROM PLANNING COMMISSION MEMBERS
None
C. STAFF BUSINESS
First Reading Section 16.36.070 of the Planning Ordinance, Pertaining to Menu Board Signs for drive-thru establishments.
Community Development Director George Shaw said this First Reading was put on the Agenda for your information. It will be heard at the next Planning Commission Meeting. If you have any questions or input on the First Reading, you can call or email the City Staff.
Assistant Attorney Ryan Loose said we have not had a chance to do much training lately, so I have decided to circulate some of the memo’s we have done in the past. The memo I am giving you tonight was circulated in May 2007. At the next meeting I will circulate another memo and will proceed like that for a while until we get through these busy Agenda’s.
D. NEW BUSINESS
None
III. CITIZEN COMMENT
None
IV. PUBLIC HEARINGS AND POTENTIAL ADMINISTRATIVE ACTION ITEMS
A.1. File # CUP-2009.08, Conditional Use Permit Application, to permit a Hair Salon (Dollar Cuts) on property located at 10497 South Redwood Road, Suite # E-4, Scott Wood (applicant).
Planner Damir Drozdek reviewed all background information on this item.
Scott Wood 3613 S. Tanner Garden Court, Salt Lake City, Utah – said five years ago we had a
Hair Salon in South Jordan City, but it was not an ideal location for us, so we decided to close it.
This will be a much better location for us. We have secured a lease in this particular spot to
open a new salon. I am here to answer any question that you may have for me.
Chairman Linda Auger opened the Public Hearing to comments from the public. There were none. She closed the Public Hearing.
A.2. Potential Action Item – (See IV. A.1.)
Commissioner Evans motioned to approve File # CUP-2009.08, Conditional Use Permit application to permit a Hair Salon (Dollar Cuts) on property located at 10497 S. Redwood Road Suite #E-4. Commissioner Pugmire seconded the motion. Roll call vote was unanimous in favor.
B.1. File # SUB-2009.13, Preliminary Plat for Daybreak Couplet Liner Product # 1 Subdivision, Amending Daybreak Phases 1 and 2 and Lots 4-7 of Daybreak M-104 Subdivisions, located along the South Side of Daybreak Rim Way from High Crest Lane to Skylux Avenue, Kennecott Land Company (applicant).
City Planner Greg Schindler reviewed all background information on this item.
Gary Langston, 4700 W Daybreak Parkway South Jordan, Utah 84095 – said I really don’t have
anything more to add. Planner Greg Schindler did a great job reviewing the background information. But
I am available to answer any questions you may have for me.
Chairman Auger opened the Public Hearing for comments from the public.
Mark Ellermier, 11357 Overshine Lane South Jordan, Utah 84095 – said when I moved into my home three years ago, I knew there were going to be town-homes built next to my house. But if you look at the town-homes that are there now, they are totally different than what they are proposing. I was shocked when I found out they were putting in 12 units, I thought maybe 6 or 8. I have concerns with the parking. Is there going to be 2 car garages? Where is everyone going to park? I have a huge issue with the parking. I have kids, and I don’t want my street to become a parking lot and I think that is what is going to happen. If you were in my shoes, you would say the same thing. I have no problem with town homes, but when you put in 12 units and squish them together, I have a problem with that.
Lonnie Kimball, 11394 Overshine Lane South Jordan, Utah 84095 – said I live down the street, just a few houses from Mark’s. I am also very concerned about the parking. There are already times that the residents on our street, my self included, have had to park on the street. The streets there are very narrow, so parking is a concern. It does seem like a very dense consolidation and the large number of resident’s are not going to park on Daybreak Rim Road. They are backed by the alley and so that basically leaves our streets to absorb any parking that will not go in their garage. I am concerned about the amount of traffic that this will add going up and down our street. We have a lot of kids in our neighborhood, so this is a big concern.
Lee Holliday, 11381 Sky Lox Ave South Jordan, Utah 84095 – said I work for a builder in Daybreak and I have built a lot of the multi-family homes out there. I am totally fine with the town homes that are going in out there. If we can address the parking issues so my street does not become a parking lot that would take care of my main concern.
Chairman Linda Auger closed the Public Hearing.
Mr. Langston said these are designed as a tuck under town home. If you are familiar with Garbette products in Village 3, the garage is at the main level just off the alley. Each unit comes with a 2 car garage. Contrary to some of the comments made, we will be re-stripping Daybreak Rim way. It is anticipated to have parking on both sides of the street from the arterial, with two lanes of traffic; this will be done on Daybreak Parkway as well.
Commissioner Tominey asked, when the product was sold to these residents, was it Master Planned at that time?
Mr. Langston said yes.
Commissioner Tominey asked if the density was the same then, as it is now.
Mr. Langston said they were platted as M lots, which is meant to be a multi-family lot.
Commissioner Pugmire said when I moved into Daybreak, I was intrigued and concerned about the area between Daybreak View and Daybreak Rim, where the Soto Row Development is going in. I was of the impression that there would be apartments put in along that strip facing into Soto Row. Perhaps it was my misunderstanding at the time, but I thought it was going to be much denser than what has been proposed before us.
Commissioner Wood said he thought Mr. Langston’s explanation probably addressed those gentleman’s concerns, but if they wanted to comment further on his response, maybe we should give them a chance to do so.
Mark Ellermier, 11357 Overshine Lane South Jordan, Utah 84095 – said if you look at the three model homes that sit there by themselves, that is what we were told was going to be built there three years ago when I moved in. Think about how I feel. I paid $400,000.00 dollars for my home and now they are building all of these chop block houses. I knew these were going to be built, but I did not know they would be this dense. If you look at the three white model homes already built, they are not that dense. I am really having a problem with this. Mr. Langston did address the parking, but I think this comes down to money and you all know that. You are going to squeeze 12 units in there instead of 6 or 8. Think about the people that bought in the neighborhood, don’t just think about the people that are trying to make a buck. I plan on living here for 30 years, so before you make your decision think about me and the other two residents that have already spoke. This affects me and my family for the next 27 years, so please think about that.
Commissioner Wood said to Mr. Ellermier, your concern when you first came up here was the parking, is that still your concern?
Mr. Ellermier said the parking issue has been resolved. I still have issues with the safety of my kids and the density of the alley people will be going in. If you have 12 units instead of 6 or 8, that is more families, and more cars going in and out, which makes it more congested.
Lonnie Kimball, 11394 Overshine Lane South Jordan, Utah – said this is a learning process for all of us. I, like Mark, knew something was going to be put in there some day. I anticipated that it was going to be town homes, but until it is all put out before you, it is hard to know what it is going to look like. I have a concern that the general public does not know the plan is to put parking along Daybreak Rim. That is a one way two lane road. There will be parking along the street as we come out of our neighborhoods, and the view is going to be blocked on a very busy road. I think there are a lot of concerns here that we as the general public and homeowners in the area were not aware of the whole Master Plan, and that is a big concern.
Chairman Auger said this is an item that falls under an Administrative Action. We as the Planning Commission operate under certain codes that the City has in place. When this type of item falls under the title of Administrative Action item, we must adhere to the codes of the City, unless we can find a reason why there is some other mitigating problem that will keep us from allowing this applicant to do what they have requested. If they have complied with all the codes, and they are doing what they are suppose to do, we must adhere to those codes as well. On the other hand, we do have things called Legislative Action Items, that is where we have a little more discretion, and can have a little more of a discussion. We can sympathize with you when you come to the Planning Commission because everybody has children or grandchildren, we live in planned communities, we have seen development occur in South Jordan that has affected us directly or indirectly, but sometime our hands are a little bit tied. That is how we have to operate. The City Council has by far more leeway than we do. We are an advisory Council to the City Council. As we go through these meetings and discussions tonight, you have to keep in mind that, we also to have to adhere to a codes of the City.
Assistant City Attorney Ryan Loose said he would like to clarify one thing on a Legislative Item. This is when we have passed an ordinance or make a law for the City, that includes zoning areas. Several years ago when all of the area that we call Daybreak were zoned as the PC Zone, that is when it was Legislative, meaning the Planning Commission then, and the City Council then, could basically say we don’t like this, or we don’t like that, and they could then vote no. Once they make the law, they have to abide by it too. In the PC zone there are certain things that are allowed, so when the individual applications for site plans or subdivisions come to the Planning Commission it is this body’s duty to assure, that they are following the law and the zone complies with the rules and regulations. If the Planning Commission finds that everything complies, they are actually the final body that makes that determination. It will not go to the City Council, unless it is appealed.
B.2. Potential Action Item – (See IV. B.1.)
Commissioner Wood motioned to approve File No. SUB-2009.13, Preliminary Plat for Daybreak
Couplet Liner Product 1 and 2 and Lots 4-7 of Daybreak M-104 Subdivisions, located along the
south side of Daybreak Rim Way from High Crest Lane to Skylux Avenue. Commissioner Tominey
seconded the motion. Roll call vote was unanimous in favor
C.1. File # SUB-Amend-2009.14, Daybreak Eastlake Elementary School Subdivision Amendment, located between Topview Road and Indigo Sky Way, South of Isla Daybreak Road, Kennecott Land Company (applicant).
Planner Greg Schindler reviewed all background information on this item.
Gary Langston, 4700 W Daybreak Parkway South Jordan, Utah 84095 – said he would like to add one thing as a point of clarification to what Planner Greg Schindler said. When we platted the school lot as part of Lot 5, we made an oversight. We included the area for the sidewalks as a P lot or some other lot that could be dedicated to the HOA. As a result the sidewalk ended up being built on school district property, after we gave them the property for the elementary school. We had gone through a couple of different options, we were thinking about an easement that was dedicated back to the HOA, but the school district decided they didn’t want to suffer the liability if someone were to be injured on the sidewalk. What we decided would be the cleanest way to do this, is to sub-divide the parcel, create some smaller pieces that would allow the school district to then sell us back those pieces of property. Kennecott Land can then turn them back over to the HOA for long term maintenance.
Chairman Linda Auger opened the Public Hearing for comments. There were none. She closed the Public Hearing.
C.2. Potential Action Item – (See IV. C.1.)
Commissioner Tominey motioned to approve File No. SUB Amend-2009.14, Daybreak Eastlake
Elementary School subdivision amendment, located between Topview Road and Indigo Sky Way South of ISLA Daybreak Road, Zoned PC. Commissioner Paul Pugmire seconded the motion. Roll Call Vote was unanimous in favor.
D.1. File # SUB-Amend-2009.15, Amended Kennecott Daybreak Village 4A Plat 2, located at 11200 South 4850 West, Kennecott Land (applicant).
Planner Greg Schinder reviewed all background information on this item.
Greg Langston, 4700 W Daybreak Parkway South Jordan, Utah 84095 – said I do not have
anything more to add. I think Planner Greg Schindler did a great job reviewing the background on this
item.
Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed
the Public Hearing.
D.2. Potential Action Item – (See IV. D.1.)
Commissioner Wood motioned to approve File No. SUB Amend-2009.15, as presented with staff
recommendations. Commissioner Evans seconded the motion. Roll Call Vote was unanimous in
favor.
E.1. File # SP-2009.08, Conditional Use Permit/Site Plan Application to construct India Cultural Center on property located at 1142 West South Jordan Parkway, Aditya Vinadhara (Applicant).
Planner Damir Drozdek reviewed all background information on this item.
Aditya Vinadhara, 2311 Autumn Wood Lane Taylorsville, Utah (applicant) – said we had the
building in the Southeast corner of the property, that we received approval on last year. But as we got
together as a community, we realized this actually is an extension of the temple, which would serve our needs better if it was closer to us. That is why we moved it immediately south to the temple, with a little walkway to protect us from the bad weather.
Selvam Rajevelo, 329 E. Old Sandy Court Sandy, Utah 84070 – said I will be the Architect for this project.
Chairman Linda Auger opened the Public Hearing for comments. There were none. She closed the Public Hearing.
Commissioner Tominey said, I believe that on the site plan it is actually showing the whole thing as one parcel, but in reality it is two parcels.
Planner Damir Drozdek said there are two parcels, but the actual temple and the center are on the same parcel.
Commissioner Tominey said my concern is on the east side. What they are denoting on their site plan is No. 1. Existing fence to remain. That fence is actually up against a 2 ½ acre piece of land that is zoned agriculture.
Planner Damir Drozdek said this is zoned as A.1 also.
Commissioner Tominey asked if it can remain A.1 where they are putting a semi commercial building on it?
Planner Damir Drozdek said it is listed as a conditional use due to the fact that it is an accessory building to the temple. That is how we are processing the application.
E.2. Potential Action Item – (See IV. E.1.)
Commission Pugmire motioned to approve File # SP-2009.08, Conditional Use Permit/Site Plan
Application to construct India Cultural Center on property located at 1142 W South Jordan
Parkway with staff recommended conditions. Commissioner Evans seconded the motion. Roll
Call Vote was unanimous in favor.
F.1. File # SP-2009.03, Site Plan/Conditional Use Permit Application for a Maverick Fuel Station and Convenience Store within the BH-MU Zone, on property generally located at 11792 South 3600 West, Don Lilyquist, (applicant).
Community Development Director George Shaw reviewed all background information on this item.
Brent Scott, 7369 S. 2200 E. Salt Lake City, Utah – said I am one the Directors for New Store Developments with Maverick Convenient Stores Incorporated. We have two existing Maverick
Convenient Stores located in South Jordan City that have been converted from Circle K Stores. We would
like to bring to your beautiful City our new prototype store. It is approximately 4,300 sq ft. and is much
more aesthetically pleasing to the eye. I will show you enlarged pictures of another location that has a
proto type store, like the one we are wanting to put here. The interior of the stores have been designed
with a southwest Moab look. We would like to come to South Jordan City and build one of these new
proto type stores and invest three million dollars to bring this type of service to that part of your City. The
proposed location for this store is 11792 South 3600 West, as the Planning Staff report indicated the
closest residential lot to the east is 300 feet. We have a retention pond and then the home to the east, there are also homes on the south side of this building. Your city staff has been great to work with and we appreciate how well we have been able to work together. The one issue that we do have is the condition on item No. 6 stating all uses including vending machines, (i.e. ice, video, beverage, food, etc….), need to be screened or contained within completely enclosed structures as required in section 17.70.040. We have
read this several times, but sometimes you have a code or law that may not be working very well, and may need to be looked at, and possibly changed. We were told by staff, that all of the commercial zones in South Jordan have the same language that is contained in 17.70.040 on not being able to merchandise
product outside of the building. It says everything needed to be contained on the inside of the building. We went to all of the grocery and convenient stores in South Jordan City and all but one are merchandising outside in front of their buildings. So restricting us from being able to do that, hinders what we like to do such as having a Red Box, displaying seasonal items like Gatorade or windshield wiper fluid. I have a list of the stores we researched and what item they have outside of their stores. It is a tough issue to enforce, but no one is following the particular code that is imposed on them, but it is a code and I am not sure how to deal with it. I did want to bring it to your attention because I do have some concerns about that. We are happy to do that if everybody is doing it, if not, it puts us at a competitive disadvantage against those other facilities.
Commissioner Wood asked if anyone knows what Riverton City’s zoning is directly south of this location.
Community Development Director George Shaw said it is agriculture on that southwest corner.
Commissioner Wood said, as I look at your plan, I noticed that on your extreme southeast corner, you have an air pump that has a compressor and that could put out a substantial amount of noise. If there would be houses directly across the street from that, it could be something that could be clearly heard. A related point would be that you have your trash receptacle on the south side as well. I would assume it would be accessed by a dump truck that would access off of 11800 S. which would also be directly across the street from houses. I know this would be in another city; I think we should be sensitive to that. Have you given it much thought, to relocate them to the north side of the building instead of the south side?
Mr. Scott said the only thought I would have looking at the north, which would make some sense
from mitigating possible noise to the residential area, is without doing another site plan and pushing the building to the south, and making sure we have plenty of room for the dump truck to come through on the north side and make the turn to get into the garbage area to pick it up. But I don’t think it would be a problem to move both the trash receptacle and the air pump to the north side.
Chairman Auger asked Mr. Scott, why does this store need to be open 24 hrs a day?
Mr. Scott said there are several reasons why all of our other 200 stores are open 24 hours a day 7 days a week. It has really come more to light in the last several years with the economy. More people are working a lot of swing and graveyard shifts. We are in the convenient store industry and trying to appeal to all customers within our trade area, which is typically a one mile trade area. We also do a pretty good business during those hours, when people are getting off work at odd hours and need convenience. This has been a mode of operation that has made us successful and we would like to keep something that has been working well for us now.
Chairman Linda Auger opened the Public Hearing for comments.
Brynn Nufer, 3528 Artistic Circle South Jordan, Utah 84095 – said she is reading a statement for her husband because he is out of town and could not be here tonight. Members of the South Jordan Planning Commission, thank you for hearing my comments tonight. I am sorry but I had to be out of town on business. I attended three meeting this last year concerning the San Tropez development at the District. I spoke to the Council in 2008 regarding our neighborhood concerns about apartments versus condominiums there. I have again spoken with the same neighbors regarding the purposed Maverick on the corner of 11800 S 3600 W. Those I have spoken with share my same opinion in this area. We are primarily concerned with the safety of our neighborhood children that like to walk, or bike, to the District from our neighborhoods west of 3600 S. Many of our children visit the District in the day and in the evenings, they cross at the crossing light at 11800 S 3600 W or they cross the street at 3600 W 11700 S where there is no crossing light currently. We would prefer to have the Maverick built next to the existing Harmon’s gas station at 11400 S 3600 W. If the Maverick is to be built on 11800 S 3600 W we would ask the Commission and Maverick to consider three improvements. First would be a pedestrian crossing light at 11700 S. 3600 W., the children walking west from 11800 S. would not have to cross at the corner gas station, where people might be cutting through there parking lot, and where traffic is coming in an out of the station, it would make the sidewalks dangerous. The Children who now cross at 11700 S 3600 W without a crossing light would now have a safe place to cross. Also, students at the Paradigm High School at 3600 W would have a safe place to cross the street without J-walking, which they are currently doing. A new speed limit sign east of 3600 S. closer to the intersection would be appreciated. Many of the cars approaching the intersection driving West on 11800 S are traveling at high speeds. We would also like to see a park playground in the field east of the District. Children from our neighborhoods and the children from San Tropez Apartments would undoubtedly use this new park together. Afterwards they could cross the street safely and go to the Maverick for an ice cream.
Lance Casperson, 3714 Maderin Circle Riverton, Utah – said some of my concerns are safety issues with the increased traffic of a convenient store going in that location. I live on the southwest corner of 3700 W. We have had people parking in our driveway in the late hours of the night. I just happen to hear them, so when I went out to talk to them, I could smell a funny odor coming from their car that was probably drugs and what not. This has me concerned with added traffic, and the people coming to this location, and how it will bring that kind of environment to my area. I know I do not live in your city, I can voice my opinion and concerns, but I do not know if will make much of a difference, but I wanted my concerns to be heard.
Chairman Linda Auger closed the Public Hearing.
Commissioner Pugmire said, am I understanding this correct, there was no Traffic Analysis done.
Community Development Director George Shaw said there was not one done specific to this use.
Commissioner Tominey said to Mr. Scott for clarification, did you say that all of the 200 Maverick stores in Utah are open 24 hrs a day 7 days a week.
Mr. Scott said we have 200 stores throughout the seven state regions that are open 24 hrs a day 7 days a week.
Chairman Auger asked for a 5 minute break.
F.2. Potential Action Item – (See IV. F.1.)
Commissioner Evans motioned to approve File # SP-2009.03, site plan/conditional use permit
application for a Maverick fuel station and convenient store within the BH-MU Zone, on property
located at 11792 South 3600 W with staff recommendations. Commissioner Wood seconded the
motion. Roll Call Vote was unanimous in favor.
G.1. File # CUP-2009.05, Amending Conditional Use Permits # 27-10-401-013 (Reunion Glen and Orchard) and 27-10-428-101 (Reunion Village), Application to permit deeper encroachments into rear yard setbacks for all structures as regulated by Section 17.48.120 “E” of the Municipal Code in the Reunion Village Development, (Gary C. Nelson (applicant).
Planner Damir Drozdek reviewed all background information on this item.
William L. Forsberg, 1553 Easy Street South Jordan, Utah 84095 – said Gary Nelson is our president
and I am standing in for him. I wish to express our appreciation to the Planners that worked with us
regarding a problem. I would like to bring up a couple of issues that came up during that discussion. We
have been in the HOA for about 10 years now and some of these properties actually had a patio cover put
on at the building of that particular unit. At that time it was a 15ft setback, which in our mind meant they
had even then encroached upon that property when that particular unit was built. In the mean time
some of us had our homes built after that and saw some of these established. The builder had built the
pads, but some of us did not particularly want their patio covers. At some point in time later on, we then got other patio covers installed. Maybe it was ignorance on my part, but I thought it was the builder’s responsibility to make sure he had a building permit to do that since the pads was already in. I am representing the people who have brought up concerns about this, such as - can we grandfather the units that already have patio covers that were built when the units were constructed. I know the Commission
has to work within the law and the rules, but if the materials that were used in the construction were of
high fire resistant material, would they be acceptable as a possibility for those that exist. I think that would solve a lot of problems. I don’t think anybody did this deliberately, so I would just like to present this to the Commission for their consideration as they make their decision.
Chairman Auger opened the Public Hearing to comments.
Joanne Moore, 1521 Easy Street South Jordan, Utah 84095 – said as I went out and measured my cement that is on my patio, I understood that I had to have a 5ft difference between the cement and my fence; I have a 4ft 3inch difference. My house was inspected by the inspectors of South Jordan before I ever moved in and that patio was already poured. I felt like if this has been inspected by the City, I didn’t feel comfortable having to have someone come and knock off what needed to be knocked off. These are all of the concerns that I have regarding this issue.
Janet Valenzula, 1419 Home Coming Ave South Jordan, Utah 84085 – said I was the second person that moved into Reunion Village and we didn’t have a Home Owner’s Association. When I move in I told the builder I wanted to put in a pad and a patio cover. They poured the pad and told me to pick out a patio cover and let them look at it. I picked out a cover with roses on it, the builder said no, it has to match the fence so it will need to be plain, so I picked a plain one and it was approved. When I got this letter, I thought, I hope their not going to make me take the patio cover I already have down. I have not gone out and measured, but I think I have 5ft between cement and the fence. That is my question, what are you going to make the people do?
Karen Hill, 1545 Easy Street South Jordan, Utah 84095 – said I moved into Reunion Village after I became a widow. I trusted the contractors that they were being professional in the way they handle their business, but my patio has not been altered since the day I moved in. The cement was poured and I moved in April of 2001. I, like Joanne, assumed that South Jordan had inspected and approved my home before I moved in. I would like to have the set back grandfathered because my patio to the fence is 4ft 3inches.
Gary Allred, 1545 Easy Street South Jordan, Utah 84095 – said I am married to Karen Hill who just spoke about the cement patio and did not mention the patio cover. The center of the post on the patio is 4ft 3 inches, so unless we can ask you as the Commission to grandfather this, I will have to have a contractor come in and completely obliterate our patio cover by cutting off about 3ft of our patio cover. The patio cover does not extend over into the Cornerstone Community it drifts into our property line. It has rain gutters and it is a nice patio cover. I think because of the way the contractor constructed the patio to contain a patio cover. This just does not make sense. We are not encroaching on anybody. The Cornerstone Community has an easement on the other side of the fence. This is going to create a real problem for those of us on Easy Street with patio covers. We would just like to ask you to grandfather our patio covers.
Nathan Akin, 1443 Homecoming Ave South Jordan, Utah – said I, like the others, my builder poured a patio in the rear of our home also, which is 11ft from the end of the patio to the end of fence. Like the others we assumed there would not be a problem putting up our patio cover. I would also like to have them grandfather the people that already have patio covers up.
Harold Rossberg, 1577 Easy Street South Jordan, Utah – said I would like to emphasize that all of these patio covers that have been installed are made of aluminum. They are not of wood construction so I don’t believe they are going to create a fire hazard being as close as they are to the rear fences. If some of these are within the 4ft 3inches, the house may burn, but that patio cover is not going to burn. That is my comment for what it is worth.
Wilford Forsberg, 1553 Easy Street South Jordan, Utah 84095 – said I want emphasize what I presented to the Planning people when I met with them. This material is called alumi-wood, and the statement is that it performs like real wood, unlike real wood the alumi-wood will not burn, get termites, crack, peel or rot. That is the kind of thing we are trying to present in this grandfathering situation. If this meets the fire code, would we be able to then be grandfathered to allow it to remain, since it is a non flammable material.
Chairman Auger closed the Public Hearing.
Chairman Auger asked if this is approved, will this be grandfathered.
Planner Greg Schindler said if they received a building permit and they were inspected and approved there is not much else we can do. It is my understanding that the pads were poured with the development. The pad doesn’t really matter, they can go up to the fence, the covers can not. If they had received a building permit, and we reviewed and approved it, then that would be our error. But if they didn’t apply for a building permit to put the cover on, and we never inspected them, we therefore would be looking at an issue that it doesn’t meet the setbacks.
Community Development Director George Shaw said we do not have the ability to grandfather anything that does not comply with the either the original standard, or now the new standard, if you were to approve this tonight.
Assistant Attorney Ryan Loose said everyone uses this term grandfather, and it is a nice term, but the correct term is pre-existing or non-conforming use. That means your “use” pre-existed the ordinance that you were not complying with, and you were legal when you started that use. When Reunion Village was built in the beginning there was a setback requirement. If the residents were not conforming with the setback requirement and the building inspector missed something and permitted it, legally or not, he ratified and gave permission for it. The City had their chance at that time to deny it. But if they just built it without getting a permit, then we didn’t get our chance to approve or deny it.
G.2. Potential Action Item – (See IV. G.1.)
Commissioner Tominey motioned to approve File # CUP-2009.05 with staff recommendations. Commissioner Wood seconded the motion. Roll Call Vote was unanimous in favor.
V. PUBLIC HEARINGS AND POTENTIAL LEGISLATIVE ACTION ITEMS
None
VI. OTHER BUSINESS
None
ADJOURNMENT
Commissioner Wood made a motion to adjourn. Commissioner Tominey seconded the motion. The vote was unanimous in favor.
The May 12, 2009 Planning Commission meeting adjourned at 9:00 p.m.
This is a true and correct copy of the May 12, 2009 Planning Commission meeting minutes, which were approved on May 26, 2009.
South Jordan City Recorder