Town of Daniel

Daniel Planning Review Board

Meeting Minutes

March 19, 2008

County Health Department

North Conference Room

7:00 pm

Quorum: Eric Bunker, Mike Averett, Francis Smith, Lynn Crisler, Diane Grose

Eric Bunker called the meeting to order at 7:01 pm.

1. Public Comment
2. Barry Hobbs asked about the boarding schools and Eric Bunker told the

meeting that they had applied for a zone change and it would be acted on

in November.

1. Merry Duggin told the Board the Supreme Court had issued their decision

re: WDLA. The Supreme Court denied their request. WDLA next resort is

4th District Court. Marilou Hall read the decision.

2. Mike Peterson
3. Mike Peterson is seeking approval for his Office/Warehouse. He had an

“in process” letter from the County Health Department and he is working

with UDOT and expects a final approval by the next meeting. He is asking

for concept approval.

1. There was discussion on the building, its usage, parking and the number

of employees. Francis Smith stated that there was not enough room for

semi-trucks to get off the highway and circulate.

1. Motion – Diane Grose
2. To approve with the condition that Mike Peterson check on

access requirements with UDOT

1. Second – Francis Smith

iii. Passed unanimous

3. Chip Turner
4. Chip Turner has applied for a permit for an agricultural building – barn.

Eric Bunker showed the Board the plans. Chip Turner was present and

was informed that a staff report was issued and consented to proceed.

There was discussion on the barn.

1. Motion – Mike Averett
2. To approve
3. Second – Francis Smith

iii. Passed unanimous

4. Building Permit – MaryJo Coleman
5. Robert Wilson, builder, was present and explained the plan was to

enclose a covered patio, enlarge the bedroom and add an exercise room.

He said the occupant is disabled and needs more room. He was informed

a staff report was issued and consented to proceed. There was

discussion on the addition.

1. Motion – Lynn Crisler
2. To approve with the condition of restroom and garbage

facilities on site.

1. Second – Diane Grose

iii. Passed unanimous

5. Annexation – 3600/Parry
6. Merry Duggin, Deputy Recorder, showed the plat map to the Board and

explained that the annexation was approximately 4 acres and consists of 5

parcels. She stated the annexation needs no additional services and is an

extension of Little Sweden Road. The protest period ended March 7 and

no protests were filed.

1. Motion – Diane Grose
2. To recommend to the Town Council to accept the

annexation

1. Second – Lynn Crisler
2. There was discussion on the fact that the plat map should show the area

of the lots and existing lots of record. Diane Grose withdrew her Motion

and Lynn Crisler withdrew his second.

1. Motion – Lynn Crisler
2. To recommend to the Town Council to approve the

annexation with plat maps that show the area of the lots and

roads and are subject to RA-5 zone and zoning as currently

in Town of Daniel code.

1. Second – Francis Smith

iii. Mike Averett: yea

1. Francis Smith: yea
2. Lynn Crisler: yea
3. Diane Grose: yea
4. Water Update
5. Lynn Crisler explained Daniels Domestic Water will come into the Town of

Daniel soon. Their attorney and the Town of Daniel attorney are currently

working on the forms. There are some details that need to be attended to

before they come into the Town but it is underway. They have no

outstanding liabilities and the condemnation of the road was filed today.

At the last shareholder meeting the vote was unanimous that the water

company come into the Town.

7. Public Hearing
8. Motion – Diane Grose
9. To open the Public Hearing
10. Second – Mike Averett

iii. Passed unanimous

1. The Public Hearing was opened at 7:55 pm.
2. Eric Bunker explained the previous hearing ended at short term private

rentals and the term “leaseholder” was a problem. He did not get a

definition. There was discussion about leaseholder, property rights and

business licensure.

1. Motion – Francis Smith
2. No nightly rentals
3. Second – Diane Grose
4. Diane Grose: yea
5. Francis Smith: yea
6. Mike Averett: nay
7. Lynn Crisler: nay
8. Motion – Lynn Crisler
9. Have attorney look at the proposed code change and

rephrase

1. There was discussion.
2. Lynn Crisler withdrew his motion.
3. Motion – Lynn Crisler
4. Send to Town Council to approve
5. Died – no second

iii. Motion – Diane Grose

1. Continue Title 8 to next meeting
2. Second – Mike Averett
3. Passed unanimous
4. The Public portion of the Public Hearing was closed.
5. Committee Reports
6. There were no reports.
7. Minutes
8. Motion – Lynn Crisler
9. To approve
10. Second – Mike Averett
11. Passed unanimous
12. Administrative Issues
13. Eric Bunker talked about the Bylaws of the Planning Board and asked the

Board members if there were changes they wished to make. Diane Grose

pointed out a typo. Marilou Hall asked that the secretary position be

appointed.

1. Motion – Lynn Crisler
2. The secretary position for the Planning Board is an

appointed position. (sec G, #7)

1. Second – Francis Smith

iii. Passed unanimous

1. Motion – Lynn Crisler
2. To adopt with the changes
3. Second – Diane Grose

iii. Mike Averett: yea

1. Francis Smith: yea
2. Diane Grose: yea
3. Lynn Crisler: yea
4. Adjourn
5. Motion – Diane Grose
6. To adjourn
7. Second – Mike Averett
8. Passed unanimous
9. The meeting was adjourned at 9:30 pm.