Planning Commission minutes April 21, 2010

Town of Daniel

Daniel Town Planning Commission

21 APRIL 2010





A quorum was present with Eric Bunker, Jaye Binkerd. Barry Hobbs, Gary Weight, Kim Norris

(in at 7:06)

Ryan Taylor of Epic Engineering is in attendance.

Chairman Bunker called the meeting to order at 7:04 p.m.

Public members in attendance: Thom Wright, representing Bruce Cummings of CC Investments

1- Public comment (2 minutes please)


2- Bruce Cummings. CC. Investments. (Hwy 40

and Mill Rd area)

Thom Wright has Bruce Cummings’ (of CC

Investments) property listed for sale and is here,

representing Bruce, on a fact finding mission.

Bruce’s property is located on Highway 40 and is

about 2.6 acres. Webb’s’ have used the property as a

trucking dispatch center for about 40 years under a

non-conforming use permit and do not currently

have a business license with the town of Daniel. When Daniel incorporated as a town this

property was already zoned as RA5. Because he, Thom, has the property listed for sale, he

wishes to give prospective buyers the correct information about how this property may be used.

What is permitted in a non-conforming use area? Chairman Bunker referred him to the town

code; 8.21.01 (which can be found on the town website) for non-conforming uses.

Commissioner Hobbs explained that the board has not zoned this area commercial

because of lack of infrastructure and roads, etc

Commissioner Binkerd asked how they proposed to access this property. Thom explained

that they already have access from highway 40 with UDOT approval.

Thom will report back to Bruce about the code and see if they have a business license

they might have obtained from the county before the town incorporated or an exemption.

3- Jim McCleary (stop work order discussion with planning commission members) and

others notes.

A “stop work order’ was issued back in October 2009 on Jim McCleary’s property,

located on Teancum Court, because the work he was doing did not comply with his current

building plan. Jim is supposed to get his new plans to Ryan this week.

Ryan Taylor explained that there have been complaints about the old Hunt Country

Ranch on highway 40, across from Storm Haven, doing a lot of big equipment work on the

property, They checked and found that a new uncovered riding arena was being installed. No

‘stop work order’ was issued as no permit is needed. There are new owners of this property.

Ed Huston has not yet replied to Eric’s letter concerning work being done on property

located on Highway 40 between 3000 South and Little Sweden Road. However work has


Richard Willis wants to turn his barn, located at 975 West 3000 South, into a residence.

He is willing to do whatever is needed to comply with building codes.

The Callister subdivision and permit have been approved.

An application for a school has been submitted. They will build a site plan meet, with

Ryan Taylor, and follow up by obtaining letters from the Fire Marshal and Health Department.

The property is located at 1776 on the south side of Little Sweden Road, third west from

Suburban Propane. The applicants, Sundance Canyon Academy, want the school for learning

disabled students. Eric brought this application before the Town Council asking for clarification

on the town code which was provided and the Council said to move forward with the application.

Sundance Canyon Academy has hired Washburn Smith to represent them.

4- Administrative issues. Permits, fee, open board seats, planning actions, etc.

Their may be a restructuring of the impact fees. Bills have been passed on impact fees

and length of time.

The Planning Commission has one position open. Ed Pressgrove’s health will no longer

allow him attend. The BOA still lacking an alternative.

5- Approval of minutes March 2010

Commissioner Norris move to approve the March minutes with Commissioner Weight

seconding. The vote was unanimous and the motion carried.

6- Report on council actions

No comments

7- Motion to adjourn.

Commissioner Hobbs moved to adjourn with Commissioner Binkerd seconding. The vote

was unanimous and the motion carried. Meeting closed at 7:44 p.m.

Daniel Planning reserves the right to change order of, and add agenda items.

In keeping with the American Disability Act all are invited to attend.

If you need Special accommodations please call Eric Bunker 654-0409 Forty Eight, 48 hours

before the meeting. Written comment accepted at

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