Daniel Town Council Meeting
Wednesday December 19, 2018 at 6:00 PM
Wasatch County Services Building,
Conference Room B
55 South 500 East, Heber City, Utah
Quorum Present: Council members: Council members Eric Bunker, John Glodowski, and Stefanie Grady. Mayor Turner excused, Council member Bunker presiding. Council member Blotter absent. Clerk/Recorder Mary Snyder present for meeting minutes.
Members of the public in attendance: Shelly Bunker, Susan Kohler, Scott Coleman, Melanie Coleman, Steve Webb, Jamie McAllister, Mark McAllister, Brett Webb, Jaylene Bassett
1) Public Comment concerning issues (limit 2 minutes):
No public comments were made.
2) DISCUSSION OF WEBB PROPERTY:
There was a packet provide at the Town Council meeting held on December 3, 2018 by the Webb family. There are additional trust deeds that were provided in the packet. There is a 32’ driveway that they are asking for access to the parcel of property behind the present home. Council member Glodowski inquired about purchasing property from neighbors to give the Webb’s the frontage they would be required by code to have. Susan Webb Kohler asked why they would need to have more frontage if they are selling to someone that is wanting to put a home and a barn on the property. Council member Bunker stated that there is a requirement of 100’ frontage by Town Code. Mrs. Kohler stated that the existing driveway has been there for years to access the property. She stated that there are warranty deeds in the packet dating back to 1904. Mrs. Kohler asked why the parcel could not be grandfathered into the town as an existing lot?
Council member Bunker stated that there are two issues. One that it is a non-conforming lot and second that there is not enough frontage. Mrs. Kohler asked why the lane at 600 East is only 23’ from fence to fence and that you can’t even pass a car. Steve Webb stated that Little Sweden is 26’ wide. Council member Bunker stated that at the time, it was under the County and none of the homes have been built on 600 East since the Town formed in 2006. There are newer homes on Little Sweden and Council member Bunker stated that the right of way is measured, even if there is a ditch in the easement. He stated that the road standard only has to be a minimum of 24’ pavement width. Brett Webb stated that he understands if there was going to be 3 homes on the property, but they are only building one home and a barn on the parcel and making it more rural. Mrs. Kohler stated that once you get down the lane there is more than 100’ frontage.
Council member Glodowski asked again if there was any way that either owner on the lane would grant the Webb’s an easement to their property or any other lots that they could purchase from Daniels Road on 3000 South to provide the frontage. Council member Bunker explained that he understood what they were trying to accomplish, but per the Town Code there is not enough frontage. He stated that the Town originally had 200’ frontage and that an applicant submitted an application revise the code to 100’ and went through the required process to change the code.
Jamie McAllister asked what the reasoning was for the 100’ frontage? Council member Bunker stated that there have been prior public hearings in regards to this topic and the code was amended to the 100’. He also stated that the Webb’s could hold a public hearing to try to change the existing code. But as far as Planning, he can only do what the code states. Mark McAllister asked about granting a variance. Council member Bunker stated that if they grant a variance, it would set a precedence. and it would allow more to apply for the same thing. It would be better to change the existing code.
Council member Bunker stated that he would like to send this item back to Planning and work with To-Engineers Surveyor to make sense of the boundary lines of the property.
Council member Grady made a motion to send the item back to planning for clarification of boundaries and warranty deeds, seconded by Council member Glodowski. All members in favor.
Council member Bunker stated that if the family wants to complete an application to amend the code for zone change, found on the Website, it would go to a Public Hearing and move through the process.
Council member Glodowski made a motion to adjourn at 6:55 PM, seconded by Council member Grady. All members in favor.