Daniel Town Planning Meeting
Wednesday 20 Apr 2011 at 7:00 p.m.
Wasatch County Services Building, Rm. 126
55 South 500 East, Heber City, UT
Quorum present: Chairman Eric Bunker, Barry Hobbs, Kim Norris, Jaye Binkerd, John Glodowski, Blaine Smith. Gary Weight was excused. Chairman Bunker called the meeting to order at 7:02 p.m. Secretary Kathy Percy was present to record the minutes.
Members of the Public in attendance: Daniel Bray, Lee & Tori Skinner, Tom Rawlings
Public comment (2 minutes please)
No comments
1- Chairperson, and Vice Chair election by planning Commission
Commissioner Barry Hobbs moved that Eric Bunker serve as chairman for the Planning Commission with Commissioner Jaye Binkerd seconding. The vote was unanimous and the motion carried..
Commissioner Kim Norris moved to re-elect Gary Weight as vice chair with Commissioner John Glodowski seconding. The vote was unanimous and the motion carried.
2- TJ’S Mutt Cuts-Conditional use, requesting increase of dogs on prior conditional use.
Tori and Lee Skinner have submitted an application for a new conditional use permit allowing for the increase from 25 to 50 dogs that can be boarded in their kennels. They have read and understand the code requirements and intend to fully abide by those requirements. During holiday times many of their customers have asked if they could leave their little dogs in the Skinner’s kennels. Tori and Lee have had to turn away most of those requests as they did not have enough room. They explained that it would only happen a few times each year such as spring break, thanksgiving, new years, and a few other times. The kennels they have now would house the extra dogs so there would be no increase in the number of buildings or changes to the runs. When asked if the noise level would increase Tori explained that barking dogs were kept inside the kennels. When the kennels were first built the Skinners included double sealed doors to minimize the noise level. They have a 6 foot cedar fence around the kennels and the runs are made of a non-climbable steel material. They would be willing to have the names of the holidays specified in the conditional use permit as the only times for the increase and a specification for an increase of small dogs only. During the regular seasons they normally have 10 to 15 dogs in the kennels. Many of the commissioners were not on the board when the original permit was issued so it was explained that the original conditional use permit specifies 25 dogs maximum and was approved on condition that all fencing and kennel conditions were met.
The owner, but not resident, of the home just south of the Skinner’s property, Daniel Bray, was present to protest the increase of dogs. He is concerned about the original reason for creating the town; for people to be able to live in a rural atmosphere. He wondered “when do we stop the increase”? How many times do we have to look at another amendment. He is concerned about an increase in traffic and human and animal noises that will happen with an increase of dogs. There is already some concern about the noise and privacy between the two properties. He has had trouble selling his home because
buyers were leery of purchasing property next to the dog kennels. He feels that an increase of dogs will make it that much more difficult to sell his home. He is deeply concerned that the RA5 zone is being misused.
Commissioner Kim Norris talked to another neighbor, the Barney’s, about the increase and they were opposed as well. Commissioner Norris also feels that the board needs to be concerned about the safety, health and welfare of the town. The Barney’s and Daniel Bray submitted emails to the Planning Board stating the reasons for their protests.
Commissioner Blaine Smith would like to table the decision for a month, to have time to personally access the situation at the kennels.
Commissioner Barry Hobb commented that approval of a high number of dogs in this conditional use permit would set a precedent for future conditional use permits of like kind. He agrees with Commissioner Blaine Smith about postponing approval.
Commissioner Jaye Binkerd moved to table this decision until they had time to investigate with Commissioner Blaine Smith seconding. The vote was unanimous and the motions carried.
Chairman Bunker told the Skinners that they could expect the commissioners to be dropping by at various times this next month to investigate. The Skinners said that their active, most noisy times were at 8 a.m. and 7 p.m. and that the commissioners were welcome any time.
3- Caretaker Dwelling ordinance discussion and possible action
Commissioner Hobbs referred to an email sent by Commissioner Gary Weight wherein Commissioner Weight wrote his opinion about Caretaker Dwellings: “One of the governing values of the Town of Daniel is to preserve the 5 acre lot size. Allowing caretaker dwellings on any lot in the RA-5 zone could double the density, allowing 2 homes on any lot in the zone, even the smaller 1 acre lots. By requiring 10 acres minimum before a caretaker dwelling is allowed, the density is preserved.” (quote from the email).
There have been concerns expressed by citizens that there is a need to be able to establish caretaker dwellings on their properties for younger family members to occupy and be able to help with work that needs done on the property and to help take care of retired parents.
Commissioner Norris wonders if the town is meeting the needs of our older retired citizens who need help. He stated that it is possible to add a caretaker structure within the existing home. It is also possible to apply for a small scale subdivision for a ten acre lot, creating two five acre lots.
Commissioner Binkerd suggested they look at what has happened in Charleston with their acceptance of caretaker dwellings which has been to their advantage.
There is also concern for those dwelling on the greenbelt. If a ten acre lot is split into five acre lots they are no longer eligible for greenbelt status. Allowing two dwellings on a larger lot maintains the greenbelt status.
Commissioner Kim Norris moved to recommend to the town council to accept the terms and conditions in Commissioner Weight’s letter as a caretaker proposal. The motion died due to a lack of a second.
Commissioner Hobbs would like to have Commissioner Weight present to discuss his opinions. Commissioner Binkerd would like to have a definition of the size of a caretaker dwelling and what constitutes a secondary residence
Commissioner Glodowski moved to continue this topic to the May 18th meeting with Commissioner Binkerd seconding. The vote was unanimous and the motion carried.
4- Administrative issues. Permits, fee, open board seats, planning actions, etc.
Two permits were given for agriculture buildings. There has been a request to run a water line up Big Hollow lane to the town line. The town would sell water to the applicants and the applicants would pay for the materials and installation. The applicants requesting the line are outside of the town boundaries. There is a current eight inch line up to Francis Smith’s property. Our advantage would be revenue for selling the water and it might be good to have cooperation between government entities. Commissioner Hobbs wonders why we would sell water that the town needs now. Commissioner Norris doesn’t see a problem if we have enough water for the town. Commissioner Binkerd feels that there would have to be water meters in place. Chairman Bunker asked for their feelings about this proposal: Commissioner Hobbs says no. Commissioner Norris says he would entertain a discussion about it. Commissioner Smith feels that if we could get a good market out of this then he would be for it. Commissioner Binkerd offered no opinion for now as she would like more information. Commissioner Glodowski had no comment.
5- Approval of minutes / report on council actions 19 Jan 2011.
Commissioner Barry Hobbs moved to approve the minutes of 19 Jan 2011 with Commissioner John Glodowski seconding. The vote was unanimous and the motion carried.
6- Motion to adjourn.
Commissioner Jaye Binkerd moved to adjourn the meeting with Commissioner John Glodowski seconding. The vote was unanimous and the motion carried.
The meeting was adjourned at 9 p.m.