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.
- Chip Turner introduced the Meeting Schedule for 2007.
Motion – Rob Armstrong
To approve the Meeting Schedule for 2007.
Second – Chris Anderson
Passed – unanimous
- 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
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
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
- 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.
- 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.
- 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.
- Substantially Affect the General Plan
The General Plan mandates that lots must be 5
- 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
Second – Dave Hartle