ADMINISIRATIVE COMMITTEE Monday, July 15, 2019 5:00 p.m. NOTICE IS HEREBY GIVEN that the Bountiful City Administrative Committee will hold its regular meeting in the Conference Room at Bountiful City Offices, 150 North Main Street, Suite 103, Bountiful, Utah, at the time and on the date given above. The public is invited. Persons who are disabled as defined by the Americans with Disabilities Act may request an accommodation by contacting the Bountiful City Planning Office at (801)_298-6190. Notification at least 24 hours prior to the meeting would be appreciated. AGENDA 1. Welcome and Introductions. 2. Consider approval ofr minutes for July 8, 2019. 3. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 445 East 1800 South, Robert & Aari Halpin, applicants. 4. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 2881 South 625 West, Michael Brock, applicant. 5. Consider approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 144 Oakridge Drive, Kelly and Heather Passey, applicants. 6. Miscellaneous business and scheduling. City Planner Oayh Pending minutes have not yet been approved by the Administrative Committee and are subject to change until final approval has been made. Bountiful City July 8, 2019 Administrative Committee Minutes Present: Chairman - Francisco Astorga; Committee Members Brad Clawson; Assistant Planner- - Curtis Poole; Recording Secretary - Julie Holmgren; Planning Intern - Kai Uchida Excused: Committee Member - Dave Badham 1. Welcome and Introductions. Chairman Astorga opened the meeting at 5:00 p.m. and introduced all present. 2. Consider approval of minutes for. June 17,2019. Mr. Astorga indicated that although he was not present at the June 17,2019 Administrative an motion for approval oft the minutes for June17,2019.Mr. Astorga-seconded the motion. Committee A A had reviewed 12 meeting, he Mr. Astorga Mr. Clawson the audio recording oft ther meeting. Mr. Clawson made - - - Motion passed 2-0. 3. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 144 Oakridge Drive, Kelly and Heather Passey, applicants. Kelly and Heather Passey, applicants, were present. Mr. Poole presented as summaryo oft the staff report (the full staffreport follows). The applicants are requesting approval of an Accessory Dwelling Unit (ADU) to be constructed. along with a new addition to the existing home on the property. The ADU living space will be above the new addition to the attached garage. The ADU will have al bedroom, According to, City Code, 14-4-124, a Conditional Use Permit for an ADU is required and applicants shall meet all standards of the Code for approval. The existing home is located in the R-3 Single-Family Residential zone and is a single-family dwelling and will be maintained as such by the applicants. The lot is 0.439 acres (19,122 square feet). There will be only one ADU and there will only be one utility connection located at this property. The The proposed additions to the home and ADU meet all ofthe setback requirements and will meet the minimum parking standards in code. The proposed ADU will be accessed by a stairwell and breezeway on the interior oft the building; however, plans also show an entrance aliving space and full kitchen. The property: is a corner lot. ADU will be less than the required 40% standard in the Code. Bountiful City Administrative Committee! Minutes - July 8, 2019 Page 1of3 Pending minutes have not yet been approved by the Administrative Committee and are on the corner side oft the property. One of the conditions of approval is that entrances to the ADU should not be on the front or corner side oft the property, but shall be on an interior side or rear oft the home to visually appear as a single-family home. This will need to be addressed Based upon the above findings, staff has determined the applicant would comply with all requirements for the Conditional Use Permit. Staffrecommends: approval of the Conditional subject to change until final approval has been made. in order to: receive approval oft the Conditional Use Permit. Use Permit with the following conditions: 1. The principal owner(s) of the property must occupy the primary résidence or the 2. The property is to be used only as a single-family use and shall be subject to a 3. The entrances to the ADU shall be modified to meet the standards of the Code, 5. The ADU shall meet all the criteria in_14-14-124 oft the City Land Use Ordinance. 6. The Conditional Use Permit is solely for this property and is non-transferable. Mr. Passey indicated that he intends to comply with the outlined conditions, but he inquired regarding a modification of the access point on the east sider and a possible variance. A discussion ensued regarding the placement of the stairway, and Mr. Poole noted a potential alteration. Mr. Astorga reiterated that the entrance to theADU cannot be located on the front or side of the property, and explained this is not an ideal variance case, but noted that the Passeys certainly have the right to apply. Mr. Passey pointed out that he was simply making an inquiry. Mr. Clawson clarified that the purpose of the code as it applies to ADUS is to PUBLIC HEARINGI Mr. Astorga opened and closed the Public Hearing at 5:09 p.m. with Mr. Clawson made a motion for approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 144 Oakridge Drive, Kelly and Heather Passey, applicants. Mr. ADU. deed restriction. particularly section 14-14-124, section C-9. 4. There shall be no separate utility service connections. prevent the structure from resembling a duplex. no comments from the public. Astorga seconded the motion. A A Mr. Astorga Mr. Clawson Motion passed 2-0. 4. Consider approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 620 East Pheasant Way, James Michael Carey, applicant. Mr. Clawson made a motion for approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 620 East Pheasant Way, James Michael Carey, applicant. Mr. Astorga seconded the motion. Bountiful City Administrative Committee Minutes- - July8,2019 Page 2 of3 Pending minutes have not yet been approved by the Administrative Committee and are subject to change until final approval has been made. A A Mr. Astorga Mr. Clawson Motion passed 2-0. 5. Miscellaneous business and scheduling. Mr. Astorga ascertained there were no further items of business. The meeting was adjourned at 5:10 p.m. - M Francisco Astorga, Planning Director - ) 0 Bountiful City Administrative Committee Minutes- -. July8,2019 Page 3of3 RANDYC. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn! Harris Richard Higginson John Marc Knight Chris R. Simonsen CITY MANAGER GaryF R.Hill BOUNTIFUL EST.1847 Memo Date: To: From: Re: Overview 3. July 10, 2019 Administrative Committee Curtis Poole, Assistant City Planner Staff Report for the. Administrative Committee Meeting on Monday,luly15,2019 PUBLIC HEARING- - Consider approval ofa Conditional Use Permit to allow for an Accessory Dwelling Unit at 445 East 1800 South, Robert and Aari Halpin, applicants. Background The applicants are requesting approval of an Accessory Dwelling Unit (ADU) which currently exists in their home at this location; however, no prior approvals from the City have been given. The applicants recently purchased the home and want to make the use of the ADU legal. The ADU has two bedrooms, al living area, kitchen and bathroom. Findings According to City Code, 14-4-124, a Conditional Use Permit for an ADU is required and applicants shall meet all standards of the Code for approval. The existing home is located in the R-4 Single-Family Residential zone and is a single-family dwelling and will be maintained as such by the applicants. The loti is 0.206 acres (8,973 square feet). There will be only one ADU and there will only be one utility connection located at this property. The total home square footagei is 2,252 and the ADUis 893 square feet, which is less than the The site plan submitted by the applicants indicate there will be 5 total parking spaces off the street with two spaces parked tandem in the garage. The. ADU will be accessed in the rear of the home and will not be visible from the street. The home will continue to have the appearance ofas single-family home and should have minimal impact on the surrounding 40% standard in the Code. neighborhood. Staff Recommendation Based upon the above findings, staffhas determined the applicant would comply with all requirements for the Conditional Use Permit. Staffrecommends: approval oft the Conditional Use Permit with the following conditions: 1. 2. 3. 4. 5. The principal owner(s) of the property must occupy the primary residence or Thej property is to be used only as a single-family use and shall be subject to The. ADU shall meet all the criteria in 14-14-124 ofthe City Land Use The Conditional Use Permit is solely for this property and is non- the ADU. a deed restriction. Ordinance. transferable. There shall be no separate utility service connections. Bountiful Land Use Ordinance 14-14-124 ACCESSORY DWELLING UNIT A. Purpose: The city recognizes that accessory dwelling units (ADUS) in single-family residential. zones can be ani important tooli int the overall housing planj for the city. The purposes oft the ADU: standards oft this Allow opportunities forp property owners to provide social or personal support for family Make housing units available to moderate income people whor might otherwise have Provide opportunities) for additional income to offset rising housing costs; Develop housing unitsi in single-family neighborhoods that are appropriate, for people ata Preserve the character ofs single-family neighborhoods by providing standards governing code are to: 1. 2. 3. 4. 5. 6. members wherei ndependent living is desirable; Providej for affordable housing opportunities; difficulty finding homes within the city; variety ofs stages in the life cycle; and development of ADUS. B. C. An accessory dwelling units shall only be approved as a conditional use. An accessory dwelling unit shalli not be approved, and: shall be deemed unlawful, unless itr meets allo of An accessory dwelling unit shall be conditionally, permitted only within as single-family residential. zone, and: shall not be permittedi in any other zone. Itis unlawful to allow, construct, or reside in an accessory dwelling unit within a duplex or multi-family residential. building or property. Itis unlawful tor reside in, or allow tor residei in, an accessory dwelling unit that has not receiveda conditional use permit or without written authorization, from the Bountiful City Ar maximum of one (1) accessory dwelling unit shall be permitted as a conditional use on any Itisu unlawful to construct, locate, ord otherwise. situate and accessory dwelling unit on al lot or parcel of land that does not contain a habitable: single-family dwelling. A deedi restriction limiting the use ofap property to a single- family use, prepared and: signed by the Bountiful City Planning Director and all owners oft the property on which an accessory dwelling unit is located, shalll be recorded with the Davis County Recorder's Office priort to occupancy of the accessory dwelling unit. Ifab building permit is required, then: said deed restriction. shall be recorded prior toi issuance oft the building permit. The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit or theA ADU, but not both, as their permanent residence and atr no time receive rent for the owner occupied unit.. Application for an ADU. shall include proofo of owner occupancy as evidenced by voter registration, vehicle registration, driver's license, Separate utility meters shallr not be permitted) fort the accessory dwelling unit. Any property and anys structure that contains an approved accessory dwelling unit shall be designed andi maintained: ins such ar manner that the property maintains the appearance ofa thej following criteria: 1. 2. 3. 4. 5. 6. Planning Department. lot or parcel in as single-family. zone. 7. county assessor records ors similar means. 8. 9. single-family residential use. AS separate entrance to theA ADUS shall not be allowed on the front or corner lot side yard. Anys separate entrance. shallb bel located tot the side or rear of the 10. Itisu unlawful to construct and accessory dwelling unit, ort tor modify as structure toi include an accessory dwelling unit, without a building permit and a conditional use permit. 11. Adequate off-street parking shall be provided for both the primary residential use and the accessory dwelling unit, and any driveway and parking area shall bei in compliance with this Title. In no case: shall fewer thanj four (4) totald offs street parking spaces be provided with at least 2 of thes spaces provided inc a garage. Any additional occupant vehicles shalll bey parked Ad detached accessory dwelling unit shall meet all of the above criteria, plus thej following: Shall require a conditional use permit, reviewed and approved byt the BountifulCity Shall not be located on a lot with less than eight thousand (8,000): squarej feet buildable Shall be configured: sot that anye exterior doors, stairs, windows, ors similar features are located as far awayj from adjoining properties asi is reasonably possible top provide privacy to Shall meet all of thes setbacks required ofac detached accessory structure requiring a principdlresidence. off-street in City Code compliant parking areas. E. 1. Administrative Committee. 2. land. 3. those properties. 4. conditional use permit. Aerial Map 445E1800S Helpin.Residence 180 [1] Our project is inl line with other surrounding properties as it willl be used as a primary residence fora a second family in [2] Iti isr noti in line with other surrounding properties in the sense that we will be adding a second family to the home rather than a single family home. However there are other rental properties int the neighborhood. [3] We will mitigate any potential conflict by addressing thei issue right off the bat and resolvingi it in at timely issue. We will work together with our neighbors to ensure our community! is safe and everyone is pleased. Ithink addressing others concerns and sympathizing with them goes a long way in mitigating conflict. the dwelling. All surrounding properties are family homes. 23-52 Z 34 5 lo 9 90, '2, EAH4 12-5EH ftr 8 C 4 4Fh. I-SH 12: ft Garage +I Driveway Fits 2 sedanss PRIVEWAY FITS 4 CASK +z STaseT PAEKING IN SUMPER F 3 # S V # 3 # RANDYC.LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn! Harris Richard Higginson John Marc Knight Chris R. Simonsen CITY MANAGER GaryR.H Hill BOUNTIFUL EST.1847 Memo Date: To: From: Re: Overview 4. July 10, 2019 Administrative Committee Curtis Poole, Assistant City Planner Staff] Report for the Administrative Committee Meeting on Monday, July 15,2019 PUBLIC HEARING- Consider approval ofa a Conditional Use Permit to allow for an Accessory Dwelling Unit at 2881 South 625 West, Michael Brock, applicant. Background The applicant is requesting approval of an Accessory Dwelling Unit (ADU) which currently exists in the home at this location; however, no prior approvals from the City have been given. The applicant has recently purchased the home and wants to make the use legal. The ADU will have two bedrooms, a living space, bathroom and full kitchen. Findings According to City Code, 14-4-124, a Conditional Use Permit for an ADUi is required and applicants shall meet all standards oft the Code. The existing home is located in the R-4 Single-Family Residential zone and is a single-family dwelling and will bei maintained as such by the applicant. The lot is 0.40 acres (approximately 17,424 square feet). There will be only one ADU and there will only be one utility connection located at this property. The primary home is 3,300 square feet and the square footage oft the ADU is 890 which is less The ADUi is accessed by a walkway on the north side ofthel home leading to the door on the side oft the home. The site plan indicates at least six parking spaces offt the street with four spaces in the garage parked tandem. The home will continue to have the appearance ofa single-family home and as such should have minimal impact on the neighboring properties. than the 40% standard in the Code. Staff Recommendation Based upon the above findings, staffhas determined the applicant would comply with all requirements for the Conditional Use Permit. Staff recommends approval of the Conditional Use Permit with the following conditions: 1. 2. 3. 4. 5. The principal owner(s) oft the property must occupy the primary residence or Thej property is to be used only as as single-family use and shall be subject to The. ADU shall meet all the criteria in 14-14-124 oft the City Land Use The Conditional Use Permit is solely for this property and is non- the ADU. ac deed restriction. Ordinance. transferable. There shall be no separate utility service connections. Bountiful Land Use Ordinance 14-14-124 ACCESSORYDWELING UNIT A. Purpose: The city recognizes that accessory dwelling units (ADUS) in single-family residential: zones can be an important tool ini the overall housing planj fort the city. The purposes oft the ADUS standards oft this Allow opportunities, forp property owners top provide social or personal support for family Make housing units available tor moderate income people who might otherwise have Provide opportunities) for additional income to offset rising housing costs; Develop housing units ins single- family neighborhoods that are appropriate, for people ato a Preserve the character of single-family neighborhoods by providing standards governing code are to: 1. 2. 3. 4. 5. 6. members where independent living is desirable; Provide for affordable housing opportunities; difficulty) finding homes within the city; variety ofs stages int thel life cycle; and development ofADUS. B. C. An accessory dwelling units shall only be approved as a conditional use. An accessory dwelling unit shallr not be approved, and: shall be deemed unlawful, unless it meets allof An accessory dwelling unit shall be conditionally, permitted only within a: single-family residential. zone, and shall not be permittedi in any other zone. Itis unlawful to allow, construct, or residei in an accessory dwelling unit within a duplex or multi-family residential: building or property. Itis unlawful to reside in, or allow tor reside in, an accessory dwelling unit that has not received a conditional use permit orv without written authorization; from the Bountiful City Ar maximum of one (1) accessory dwelling unit shall be permitted as a conditional use on any Itis unlawful to construct, locate, or otherwise. situate an accessory dwelling unit on a lot or parcel ofl land that does not contain a habitable: single-family dwelling. A deed restriction limiting the use ofap property to a single-family use, prepared and: signed by the Bountiful City Planning Director and all owners oft the property on which an accessory dwelling uniti is located, shall be recordedi with the Davis County Recorder's Office priort to occupancy oft the accessory dwelling unit. Ifa building permit is required, then said deed restriction. shall be recorded priort toi issuance of the building permit. The property owner, whichs shall include titleholders and contract purchasers, must occupy either the principal unit or the ADU, but not both, as their permanent residence and atr no time receive rentj for the owner occupied unit.. Application for an ADU: shalli include proofo of owner occupancy as evidenced: by voter registration, vehicle registration, driver's license, Separate utility meters: shall not be permitted) for the accessory dwelling unit. Any property and anys structure that contains an approved accessory dwelling unit shall be designed and maintained: ins such a manneri that thep property maintains the appearance ofa single-family residential use. As separate entrance tot the ADU: shall not be allowed on the thef following criteria: 1. 2. 3. 4. 5. 6. Planning Department. lot orA parcel in as single-family: zone. 7. county assessor records ors similar means. 8. 9. front or corner lot sidey yard. Any separate entrance shall be located to the: side or rear of the 10. Itis unlawful to construct an accessory dwelling unit, or tor modify a structure toi include an accessory dwelling unit, without a building permit and a conditional use permit. 11. Adequate off-street parking shallb be providedj for both the primary residential use and the accessory dwelling unit, and any driveway and parking areas shall be in compliance witht this Title. Ini no case: shall fewer than four (4) total offs street parking spaces be provided with at least2 2 of thes spaces provided in ag garage.. Any additional occupant vehicles shall be parked A detached accessory dwelling unit shall meet all of the above criteria, plus the following: Shall require a conditional use permit, reviewed and approved by the BountifulCity Shallr not be located on a loti with less thane eight thousand (8,000): square feet buildable Shalll be configured: sot that anye exterior doors, stairs, windows, or similar features are located as farc away) from adjoining properties as is reasonably, possible to provide privacy to Shallr meet all of the setbacks required ofac detached accessory, structure requiringa pricipdlresidence. off-street in City Code compliant parking areas. E. 1. Administrative Committee. 2. land. 3. those properties. 4. conditional use permit. Aerial Map 2881 S 625W : E BrockResidence 041 Google Earth Michael Brock 2881s625 w Bountiful Packng Luery dup guapiallhet Ayiveksy parhryip, hnecded) 6 28815625W UT84010 Basement i5 q04t ouh oR Volal 3300 Bk- 840/3360--27 RANDY C. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn Harris Richard Higginson John! Marck Knight Chris R. Simonsen CITY MANAGER GaryF R.H Hill BOUNTIFUL EST.1847 Bountiful City, Utah Conditional Use Permit Aj public hearing was held on July 8, 2019, at Bountiful City Hall to consider the request of] Kelly and Heather Passey for a Conditional Use Permit allowing an Accessory Dwelling at the BEG. AT SW COR LOT 52, BONA VISTA SUB; TH S 89-40' E210.07 FT; TH N 4720'40" W 165.55 FT TO A PT ON A CURVE TO RIGHT THE CENTER OF WH IS N 114 W 125.0 FT; TH W'LY 50.90 FT AROUND SD CURVE TO PT OF 4001 FTI RAD REVERSE CURVETOTHE LEFT; TH W'LY 86.10 FT AROUND SD CURVE TO W LINE OF SD LOT 52; TH S21/33'30" following location: 144 East Oakridge Drive, Bountiful City, Davis County, Utah E1 129.86 FTTO1 BEG. CONT. 0.53. ACRES Parcel 01-032-0049 The Bountiful City Administrative Committee heard the matter and considered the statements of the applicant, the City staff, and the public. As aresult, the Administrative Committee makes the following findings: 1. This matter is properly heard before the Administrative Committee. 2. Appropriate public notice has been provided and aj public hearing held. 3. The proposed request for an accessory dwelling shall meet all the criteria in 14-14- 124 and other applicable sections of the City Ordinance. The Bountiful City Administrative Committee hereby grants this Conditional Use Permit for an Accessory Dwelling Unit (ADU) as requested by Kelly and Heather Passey to be located at 144 East Oakridge Drive, Bountiful, Davis County, Utah, with the following conditions: 1. The principal owner(s) of the property must occupy the primary residence or the 2. Thej property is to be used only as a single-family use and shall be subject to a deed 3. The entrances to the ADU shall be modified to meet the standards oft the Code, 5. The ADU shall meet all the criteria in 14-14-124 oft the City Land Use Ordinance. 6. The Conditional Use Permit is solely for this property andi is non-transferable. The Conditional Use Permit was approved on July 8, 2019, and this written form was ADU. restriction. particularly section 14-14-124, section C-9. 4. There shall be no separate utility service connections. approved this 15th day of. July, 2019. Francisco Astorga Planning Director ATTEST: Julie Holmgren Recording Secretary