COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                At the Planning Commission

                                                                                In and For Said City

                                                                                December 2, 2009

            Minutes of the Richfield City Planning Commission meeting held on Wednesday, December 2, 2009, at 7:00 p.m., Chairman Blake Zobell, presiding.

            1.    Roll Call

            2.    Approval of Minutes

            3.    Public Hearing

            4.    Jessica Lindsay Request

            5.    Fresh Market Sign Approval

            6.    Kellie Jorgensen Request

            7.    Motion for Recommendation Concerning Accessory Buildings

            8.    Other Discussions

                   a.  Transient Businesses

                   b.   Landscaping

            9.    Adjournment.

1.    Roll Call.  Roll call was answered by Blake Zobell, Stan Poulson, Pat Hansen, Sue Southwick, and Stan Chappell.  Eugene Beck and Steve Kunzler was excused. 

            Others present:    Deputy City Recorder Michelle Curtis and Building Official Paul Hinrichs, Rodney Busk, Brian Burrows, Bruce Mehew, Larry Hunt, Jessica Lindsay, Butch Lindsay, Kellie Jorgensen, and Dennis Jorgensen.

2.    Minutes  Approval.   The minutes of November 4, 2009, were reviewed.  In the first paragraph on page 2 the words “for the” will be deleted so that the sentence reads:  “… plans that have been developed for the when they have money for that.”  On page 2 paragraph 8 the word “unform” will be changed to “uniform.”  Stan Poulson  motioned to approve the minutes of November 4, 2009, as amended.  Stan Chappell seconded the motion.  The motion carried unanimously. 

3.  Public Hearing (7:03:51 p.m.).  A public hearing was held to receive comments concerning a proposed amendment to the Richfield City Land Use Management Code as it pertains to Section 1704 concerning garages and other accessory buildings located in residential zones as it pertains to maximum height and requiring garage exteriors to be of a similar nature and in harmony with the existing homes in the neighborhood, and prohibiting the construction of galvanized steel or Quonset-type buildings.

Chairman Zobell said a public hearing was held last month to discuss accessory buildings, but it was noticed for only discussing the exteriors of those buildings.  The height also needs to be discussed and so a public hearing is being held to discuss the height.  A draft has been included concerning the exterior finish, but the heights need to be discussed.  Garage height was discussed at the last meeting, but it was not on the public noticed so it needs to be discussed after public noticed has been given. 

There being no comments, the public hearing closed at 7:04:53 p.m. 

4.    Jessica Lindsay Request.  Jessica Lindsay is present to request approval of a business license allowing her to conduct a business called Park View Salon at 359 North Main (CS Zone, P-2 Use).  Mrs. Lindsay said this is a beauty salon.  Her father, Larry Hunt, owns the building.  The beauty salon is located on the main floor of the building and Mr. Hunt’s law office has been moved to the basement.  There is adequate parking behind the building which is accessed by driving through the Day’s Inn parking lot.  The parking lot can also be accessed through the Century 21 driveway.  Mr. Hinrichs said it is his understanding that there will be three beauticians on duty at a time, so there needs to be one parking spot for each of them and three spaces for clients for a total of six parking spaces.  The law office requires three parking spaces.  There are ten parking spaces behind the building.  Mrs. Lindsay said some of her clients park on Main Street, but there is a back door they can use when they park behind the building.

Sue Southwick motioned that approval should be given for a business license allowing Jessica Lindsay to conduct a business called Park View Salon at 359 North Main Street (CS zone).  Pat Hansen seconded the motion.  The motion carried unanimously.  

5.    Fresh Market Sign.  Fresh Market is located at 250 South Main (the old Albertson’s).  (D zone). They would like to replace the existing wall sign which measures 188 square feet with a sign that will be approximately 250 square feet.  The Sign Ordinance allows the Planning Commission to allow an increased sign area on properties that are 2 acres or larger. 

Pat Hansen motioned to approve the wall signage for Fresh Market which will be larger than the existing sign.  The larger sign can be allowed by ordinance because the property is larger than 2 acres.  Stan Chappell seconded the motion.  The motion carried unanimously. 

6.    Kellie Jorgensen Request.  Kellie Jorgensen is present to request approval of  a major home occupation permit at 1245 West 1650 South (R1-10 zone, C1 use).  Mrs. Jorgensen would like to hire a massage therapist who wants to do mini-massages at the gym that she is opening.  He needs a place also to do full massages.  She does not have a place for him at the gym, and so she is hoping he could do the full massages at her home.  The Zoning Code would allow her to have an employee at the home. 

Stan Chappell motioned that approval should be given for Kellie Jorgensen’s request for a major home occupation permit at her home at 1245 West 1650 South (R1-10 zone, C1 use).  Stan Poulson seconded the motion.  The motion carried unanimously. 

7.    Zoning Code Amendment.  After public hearing, the Commission discussed a proposal to amend Section 1704 of the Zoning Code concerning accessory buildings located in residential zones.  A draft copy of the proposed Ordinance was included in Planning Commission packets.  That reflects what the Planning Commission decided they would like to do at last month’s meeting.  The minutes also reflect that.  At last month’s meeting, Steve Kunzler voted against the motion having to do with the height of buildings.  The motion was to allow accessory buildings to be no taller than 20 feet.  Mr. Kunzler wanted wording which would allow a taller garage for a 2-story home. 

In discussing this at last month’s meeting, it seemed that 20 feet high should be plenty high for someone who wants to store an RV or anything else they want to store.  Chairman Zobell said he isn’t proposing one way or the other, but he wants to make sure that when an Ordinance is changed, that the change is based on a good, solid foundation of why it is being done.  It shouldn’t be changed with an attitude of “I just don’t want it because it infringes on my sight, sun, or shade” because the other property owner also has a whole legal right to use their property. 

Stan Poulson motioned that accessory buildings can be no taller than 20 feet.

Chairman Zobell called for discussion on the motion.  Mr. Busk was asked how tall his outbuilding is on his yard.  He said it might be 16 feet.  He said a lot of times the door height would control the height of the building.  He said with a door that is 16 feet tall, it would be pushing 20 feet to the top of the ridge.  It might be a little bit more depending on the span of the building.  Then there would be the roof above that. 

Mr. Chappell said he had thought it might be good to have the height be proportionate with the home.  However, after last month’s discussion, he drove around and looked at accessory buildings and 20 feet is quite tall.  An accessory building would not be allowed to put have an apartment in the top of it.  Chairman Zobell pointed out that a lot of people will build a garage and then put an attic truss in order to be able to use the whole upstairs for storage.  Sometimes people need the 16-foot door in order to fit a trailer with an air conditioner on top or a boat with a water ski tower. 

Sue Southwick seconded the motion.  The motion carried unanimously. 

8.    Other Discussion:

       A.  Transient Businesses.  Paul Hinrichs said he wanted to bring this to the Planning Commission for information.  He has given Commission members a copy of the Municipal Code where it sets out the definition of “transient business”.  Richard Chamberlain has drafted an ordinance which would disallow transient businesses from overnight camping on the property and requires them to camp at recreational vehicle park.  Mr. Hinrichs said there is nothing there that limits how often a transient business can be there or the display of merchandise.  He thinks there should be something saying the merchandise should meet setbacks.  The City we can’t prohibit transient businesses, but there can be restrictions.  We wouldn’t allow a building to be constructed where the merchandise is placed.  The merchandise and motor home almost becomes a temporary building.  Mr. Hinrichs said this is more of a Council issue in amending the Municipal Code but he wanted to make sure that the Planning Commission is on board with it.  Mr. Hinrichs thinks the property line is about 10 feet back from the street curb.  The front setback on Main Street would be 25 feet from the property line and then 10 feet from the other street, 300 South. 

The Commission had discussed the possibility of having transient merchants pay for a new license every time they come to town.  The City attorney will need to offer an opinion concerning that.  If a time limit can be enforced, then Mr. Hinrichs would maybe recommend saying a certain number of days within a 30-day period or 60-day period.  For example it could say 5 consecutive days in a 45-day period.   These are legal questions for the attorney. 

The Commission supports the ordinance as drafted and is requesting an opinion from City Attorney Richard Chamberlain as to whether or not the number of days can be limited. They should have to comply with the setbacks and it would be good if the camping can be restricted.

       B.  Landscaping Discussion.   Chairman Zobell suggests having a work session in January.  There are items in the Municipal Code that are really good but it seems like there are items that should be adopted into it.  A date will be set at the next Planning Commission meeting.  The thing Chairman Zobell is most concerned with is requiring bonding for landscaping so that  they don’t take occupancy without having the landscaping done.  This would not apply to residential areas.    

9.  Adjournment.  The meeting adjourned at 7:55 pm.

PASSED AND APPROVED on the 6^th day of January, 2009.

/s/  Michelle Curtis

      Deputy City Recorder