Board of Adjustments minutes January 2, 2007

Town of Daniel

Board of Adjustments Meeting

January 2, 2007

Quorum: Chip Turner, Dave Hartle, Rob Armstrong, Chris Anderson

Chairman Chip Turner called the meeting to order.

Rob Armstrong led the Pledge of Allegiance.

Dave Hartle said the prayer.

The Board introduced themselves to the public.

  1. Chip Turner introduced the Meeting Schedule for 2007.

Motion – Rob Armstrong

To approve the Meeting Schedule for 2007.

Second – Chris Anderson

Passed  – unanimous

  1. Request for Variance – Watson’s

Eric Bunker, Town Planner, presented the Staff Recommendation.  He

Told the Board that Watson’s applied to the County and were denied.  He

Cited the Town Code 8.07.04 that states lots must be a minimum of 5

Acres – 4.6 acres after setbacks and dedications.

Chip Turner stated that the Board would deal with the 5 acre issue first.

Eric Bunker further stated that the variance went through the Public

Hearing process.  It was the determination that Watson’s did not have

Enough acreage to split it into two conforming parcels.  He asked for

Questions from the Board.  There were none.

Corbin Gordon, the Attorney for Watsons, submitted his documents to

The Board.  He began by explaining that Watson have lived on their

Property for 35 years and always planned on splitting it.  He stated that

After a split there were 2 – 4.6 acre lots and that was legal according to

The Town Code.

Corbin Gordon read the requirements for a variance and assured the

Board that this case met all of them.

The first requirement is hardship and he explained that there are unique

Problems because of the corner lot.  This requires double dedications and

Therefore decreases the area of the lots.  He also reminded the Board that

Watsons are not developers, they are only want their daughter and

Her family to be able to build near them so they can help with the farm.

Mr. Gordon stated that if this variance is not granted, Watsons will be

Forced to move.  They cannot buy additional property to meet the

Requirements for division.

The second requirement is Special Circumstances.  Mr. Gordon

Explained that the Watson lot is the only lot with double dedications

And setbacks in the Town of Daniel.  He stated that this is an economic

Hardship because they can’t solve the problem with money.

The third requirement is Essential to the Enjoyment of a Substantial

Property.  Mr. Gordon stated that there are several lots developed around

Watsons and by them not being able to develop, their enjoyment is

Being hindered.

The fourth requirement is Not Substantially Affect the General Plan.

Mr. Gordon stated that the division will not be visible to the public and

It does comply with the General Plan.

The fifth requirement is the Spirit of the Zoning Ordinance is Observed.

Mr. Gordon stated that after division the majority of the lots would remain

In farmland.  He explained that the Pristine Water Act would be         protected.

He stated that the 1990 study was a suggestion not guidelines and that

Wasatch County Health Department will approve lots less than 5 acres.

He stated that the services are adequate and Watson’s will be required

To install a fire hydrant, which they are prepared to do.

There was discussion between Mr. Gordon and Board Members about the

Variance and the fact that there are several lots around them that were

Subdivided previously.  Chip Turner stated that we have to deal with the

Code as it is today.  There was discussion about the 5 acre gross and

4.6 acre net after setbacks and dedication as stated in the Town Code.

Chip Turner opened the meeting for Public Comment.

Beverly Welch, a neighbor, stated that Chris Anderson had a conflict

Of interest.

Bob Larsen, a neighbor, questioned how the lot was going to be divided

And where the water for the hydrant would come from.

Elaine Watson reiterated  many of the items Mr. Gordon covered and

Added that they always intended to divide the lot for their children.

Christi Hicks, Watsons daughter, stated that she and her family want

To keep the rural feel and will continue to farm the land.  They want to

Move back to help her parents.

Tom Warden, stated that the requirements were met on all points and

That the community knows that this is a good deal.  He said that this

Case may be taken to court.

Shelly Bunker stated that the Town of Daniel was incorporated because

The residents wanted to maintain the rural feeling.  The 5 acre minimum

Lot size was voted into code to ensure that rural feeling.  If this variance

Is granted she stated she knew four other families who would file for

A like variance.

Stephanie Woolstenhume stated that she also wants to keep the rural

Feeling and agrees that Watsons have met all the requirements.

Chip Turner asked for further public comment.  There was none, so

He closed that portion of the meeting.

Motion – Dave Hartle

To deny the variance be granted based on the following

Five criteria:

  1. Unreasonable hardship

Although it would be nice to have their children

Living near them, they could find another piece

Of property in the valley and build.

  1. Special Circumstances

The piece of property owned by the Watson’s

Is not able to be legally divided according to the

Town of Daniel zoning.

  1. Essential to the Enjoyment of a Substantial Property

Rights possessed by other property in the same area

It would be nice to have their children there, but

They can still enjoy their property.

  1. Substantially Affect the General Plan

The General Plan mandates that lots must be 5


  1. Spirit of the Zoning Ordinance

The zoning ordinance states that lots must be 5

Acres.  The reason for the 5 acre size is to preserve

And protect the rural atmosphere enjoyed by the

Residents of the Town of Daniel.  The Board of

Adjustments is upholding that standard.

Second –  Rob Armstrong

Roll Call Vote:

Rob Armstrong – Yea

Dave Hartle –      Yea

Chris Anderson -Yea

Chip Turner –      Yea

Motion – Rob Armstrong

To adjourn

Second – Dave Hartle

Passed unanimous

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