ADMINISIRATIVE COMMITTEE Monday, January 7, 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 City Hall, 790 South 100 East, 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 of minutes for December 17, 2018. Terrance Holbrook and Steve Broderick, applicants.  3. Consider approval ofa Lot Line Adjustment at 122 Monarch Drive and 104 Monarch Drive, 4. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 224 East Bonneville Drive, Steve and Debbie Nielsen,  applicants.  5. Miscellaneous business and scheduling.  Chad Wilkinson, aVE  Planner City    Pending minutes have not yet been approved by the Administrative Committee and are  subject to change until final approval has been made.  Bountiful City December 17, 2018  Administrative Committee Minutes  Present: Chairman - Chad Wilkinson; Committee Members = Lloyd Cheney and Dave  Badham; Assistant Planner - Curtis Poole; Recording Secretary - Darlene Baetz  1. Welcome and Introductions.  Chairman Wilkinson opened the meeting at 5:00 p.m. and introduced all present.  2. Consider approval of minutes for December 10, 2018.  C  Mr. Badham made a motion for approval of the minutes for December  Mr.  MTAEELN 10,2018,  Wilkinson seconded the motion.  A A  Mr. Wilkinson Mr. Cheney (abstained) Mr. Badham  -  Motion passed 2-0. Center Street,  3. Consider approval of a Lot Line Adjustment at 675 East Center Street and 677 East  Richard  335  Dunkley and' Troy & Lisa Nielsen, applicants.  Richard Dunkley and Troy Nielsen, applicants, were present.  Mr. Poole presented a summary ofthe staff report (the full staffi report follows).  The applicants are applying fora Lot Line Adjustment between their properties at 675 East Center Street (Dunkley property), and 677 East Center Street (Nielsen property). Both properties are located in the R-4 zone. The purpose of the lot line adjustment is to match the property line to the established fence line instead of the current property line description. Each property owner will convey a parcel oftheir property to the other property owner. The Dunkley property will convey 106 square feet, shown as Adjustment Area A, to the Nielsen property. Thel Nielsen property will convey 307 square feet, shown as Adjustment Area B, to the Dunkley property. The conveyance will bring the Dunkley property to 15,508 square feet (approximately 0.35 acres) and the Nielsen property to 11,522 square feet (approximately 1. No new lots are being created in this conveyance sO there an amended subdivision  0.26 acres). The lot line adjustment does not create a new lot.  plat will not be necessary.  2. Nor new building permits have been issued or proposed.  Bountiful City Administrative Committee Minutes - December 17,2018  Page 1 of2    Pending minutes have not yet been approved by the Administrative Committee and are Based on the above findings, Staffrecommends approval oft thel lot line adjustment, with the  subject to change until final approval has been made.  following conditions:  1. Complete any redline corrections required on the plat  2. The approved lot line adjustment shall be recorded with Davis County.  Note: Approval of the property line adjustment by the City does not act as a conveyance of real property and appropriate conveyance documents must be prepared and recorded by the Mr. Badham requested clarification regarding the purpose of the lot line adjustment. Mr. Mr. Cheney made a motion for approval of a Lot Line Adjustment at 675 East Center Street and 677 East Center Street, Richard Dunkley and Troy & Lisa Nielsen, applicants. Mr.  county.  Nielsen explained that it was to clean up the area ofthe fence line.  Badham seconded the motion.   - -  Wilkinson Mr. Mr. Cheney Mr. Badham  A A A  -  Motion passed 3-0.  -  4. Consider approval of a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at: 3273 South 200 West, Ann Marie W. Birkholz, applicant. Mr. Badham made a motion to approve a Conditional Use Permit, in written form, to allow for an Accessory Dwelling Unit at 3273 South 200 West, Ann Marie W. Birkholz, applicant.  Mr. Cheney seconded themotion.  A A A  Mr. Wilkinson Mr. Cheney Mr. Badham  Motion passed 3-0.  5. Miscellaneous business and scheduling.  Mr. Wilkinson ascertained there were no further items of business. The meeting was  adjourned at 5:08 p.m.  Chad Wilkinson, City Planner  Bountiful City Administrative Committee Minutes- - December 17, 2018  Page 2of2    RANDY C. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn Harris Richard Higginson John Marc Knight ChrisR. Simonsen CITY MANAGER GaryR.Hill  BOUNTIFUL EST.1847  Memo Date: To: From: Re:  January 2, 2019 Administrative Committee Curtis Poole, Assistant Planner  Staff Report for the Administrative Committee Meeting on Monday, January 7,  2019  Overview  3. Consider approval ofa) Lot Line Adjustment at 122 Monarch Drive and 104 Monarch Drive,  Terrance Holbrook and Steve Broderick, applicants.  Background  The applicants are applying for a Lot Line Adjustment between their properties located at 122 Monarch Drive (Holbrook property), and 104 Monarch Drive (Broderick property). Both properties are located ini the R-3 zone. The purpose ofthe adjustment is to memorialize ap prior unauthorized boundary line adjustment which was not formalized with Bountiful City. The original lot line had a 7 foot public utility easement which ran on the Holbrook side of the property line between the two properties. The prior property line adjustment conveyed 1,548 square feet, shown on map as Adjustment Area A, from the Holbrook to the Broderick property; it also conveyed 2,081 square feet, shown on map as Adjustment Area B, from the Broderick to thel Holbrook property. The adjustment brought the Broderick property to 19,194 square feet (approximately 0.44 acres) and the Holbrook property to 14,076 square feet (approximately 0.32 acres). No new lots were created in the conveyance; however, the utility easements were not adjusted and this is preventing construction ofa detached accessory structure on the Holbrook property. The previously recorded utility easement (PUE) showing along the original property line will need to bei released by the  City Council. Findings 1. 2.  No new lots were created in this conveyance SO an amended subdivision plat will not Authorizing the prior property line adjustment is conditioned upon City Council approval ofr releasing the existing easements and creating the new utility easements  be necessary.  shown on the property line adjustment plat.    Staff Recommendation following conditions:  Based on the above findings, Staff recommends approval oft the lot line adjustment, with the  1.  Complete any redline corrections required on the plat  2. The approved lot line adjustment shall be recorded with Davis County.  3.  Obtain City Council approval for an easement release and modification of the existing PUE, ai recorded copy ofwhich shall be placed in the City's building permit  file.  Note: Approval ofthe property line adjustment by the City does not act as a conveyance ofreal property and appropriate conveyance documents must bej prepared and recorded by the county.  104 and 122 Monarch Drive  122 and 104 Monarch Drive  Broderickp  HolbrooRProperty    Terrance Holbrook  Tax Parcel #01-162-0065 (Part of Lots 42 &43, amended Bridlewood Subdivision Ph3 3) Beginning at the most Southerly Corner of Lot 42, Amended Bridlewood Subdivision Phase 3, as subdivision of part of Section 6, Township 1 North, Range 1 East, Salt Lake Base and Meridian and running thence along the Northerly line of Monarch Drive North463000-West 18.58 feet to a point on a 257.00-foot radius curve to the left; thence 11.48 feet alongt the arc of said curve; thence North473807East: 32.491 feet; thence North11-2046'East: 78.02 feet; thence North192828'West 79.961 feet to a point on the Northline ofs said Lot 42; thence North89'2423'tast 149.79 feet; thence South48'4415'East. 50.321 feet to the most Easterly Corner of said Lot; thence South473807-West 241.36 feet to the point of beginning.  Entry #2795328  Beginning at the Southerly most Corner of Lot 43, Amended Bridlewood Subdivision Phase 3, a part of the Southwest Quarter of Section 6, Township 1 North, Range 1 East, Salt Lake Base and Meridian, according to the official plat thereof, and running along the Northerly line of Monarch Drive and along the arc of a 257.00 feet radius curve to the left, a distance of 98.65 feet; thence North18'5651'East 131.38 feet to a point on the North Line ofs said subdivision; thence along the North line North892423'tast: 55.001 feet; thence South192828'East 79.96 feet; thence South112046West 78.021 feet; thence South473807West 32.491 feet  toi the point of beginning.  Easement to be Vacated  Beginning at a point which is North473807-East 32.491 feet along the Easterly Line of Lot 43, Amended Bridlewood Subdivision, Phase 3f from the Southeast Corner of Lot 43, Amended Bridlewood Subdivision Phase 3, a part oft the Southwest Quarter of Section 6, Township 1 North, Range 1 East, Salt Lake Base and Meridian Davis County, Utah and running thence North11-2046/East: 11.84 feet; thence North473807'tast: 49.84 feet; thence North473012West 146.40 feet; thence North18'5651-East 0.21 feet along the Westerly Line of said Lot 43; thence North892423'East 9.96 feet; thence South473012'East: 146.86 feet, along the Northerly Line of said Lot 43; thence South473807-West 67.04 feet toi the  point of beginning. New 7-1 foot Easement  Beginning at a point which is Nortn473807-East 32.49 feet along the Easterly line of Lot 43, Amended Bridlewood Subdivision, Phase 3, and North112046'tast 11.84 feet from the Southeast Corner of Lot 43, Amended Bridlewood Subdivision Phase 3, a part of the Southwest Quarter of Section 6, Township 1 North, Range 1 East, Salt Lake Base and Meridian, Davis county, Utah and running thence South473807West 11.83 feet; thence North112046'tast: 73.79 feet; thence North192828'West 73.03 feet; thence North89'2423'tast 7.40 feet; thence South19'2828'East 72.56 feet; thence outh12046West 66.18 feet to the point of beginning.    BLS 5s    TERRANCE HOLBROOK  Entellus    RANDY C. LEWIS MAYOR CITY COUNCIL Kate Bradshaw Kendalyn! Harris Richard Higginson John! March Knight Chris R. Simonsen CITY MANAGER GaryR.Hill  BOUNTIFUL EST.1847  Memo Date: To: From: Re:  January 2, 2019 Administrative Committee Curtis Poole, Assistant Planner  Staff Report for the. Administrative Committee Meeting on Monday, January 7,  2019  Overview 4. applicants. Background  PUBLIC HEARING- Consider approval ofa Conditional Use Permit to allow for an Accessory Dwelling Unit at 224 East Bonneville Drive, Steven and Debbie Nielsen,  The applicants are requesting approval ofa an Accessory Dwelling Unit as part oft their new home construction. Thej proposed unit will contain a full kitchen, a living space, a utility room and two bedrooms and two bathrooms. The plans show there is an external entry to the Accessory Dwelling Unit which can be accessed from the west side of the proposed home.  Findings  According to City Code, 14-4-124, a Conditional Use Permit for Accessory Dwelling Units (ADU) is required and applicants shall meet all standards oft the Code. The plans submitted by the applicants show the proposed home is located in the R-3 Single-Family Residential zone and is as single-family dwelling and will be maintained as such by the applicants. There will be only one ADU and there will only be one utility connection located at this property. The. ADU will be 1,195 square feet oft the proposed 6,675 square foot total living area at this residence, which is less than the 40% standard in the Code. The proposed primary structure meets all of the setback and lot building square footage requirements. The applicants will meet the minimum parking standard in the Code, requiring at least four parking spaces and atl least 2 will bei in the proposed garage. As the ADU can be accessed from the interior of the existing home (through the garage and through a doorway connecting it to the primary residence), or through the side entrance, it will have the appearance ofas single-family dwelling and will have: minimal impact on the neighboring properties.    Staff Recommendation  Based upon the above findings, staff has determined the applicant would comply with all requirements fort the Conditional Use Permit. Staffrecommends approval oft the Conditional  Use Permit with the following conditions:  1. 2. 3. 4. 5. 6.  The principal owner(s) of the property must occupy the primary structure. The entrance to the ADU must be located on the side or rear oft thel home and not facing the street in order to maintain the appearance ofa single-family Thej property ist tol be used only as a 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-  home. a deed restriction. Ordinance transferable.  There will 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 tool in the overall housing plan for the city. The purposes of the ADUS standards oft this Allow opportunities for property owners to provide social orA personals 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 ata Preserve the character ofs 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 the life cycle; and development of ADUS.  B. C.  An accessory dwelling unit shall only be approved as ao conditional use.  An accessory dwelling unit shall not be approved, and: shall be deemed unlawful, unless itr meets all of An accessory dwelling unit shall be conditionally, permitted only within a single-family residential. zone, ands 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 orA property. Itis unlawfult to residei in, or allow tor reside. in, an accessory dwelling unit that has not received a conditional use permit or without written authorization; from the BountifulCity 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 and accessory dwelling unit ond a loto or parcel ofl land that does not contain a habitable single-family dwelling.  thef following criteria: 1. 2. 3. 4. 5.  Planning Department. lot orA parcel in as single-family. zone.    6.  A deedi restriction limiting the use ofap property to a single-family use, prepared and: signed byt the Bountiful City Planning Director and allo owners of the property on which an accessory dwelling unit is located, shall be recorded with the Davis County Recorder's Office prior to occupancy oft the accessory dwelling unit. Ifal building permit is required, thens said deed restriction shall be recorded prior toi issuance of the building permit. Thep property owner, whichs shalli include titleholders and contract purchasers, must occupy either thep principal unit ort theA ADU, but not both, ast their permanent residence and at no time receive rent fort 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 shall not be permitted fort the accessory dwelling unit. Any property and any structure that contains an approved accessory dwelling units shall be designed and maintained: ins such a manner that the property maintains the appearance ofa single-family residential use. A separate entrance to the ADU shall not be allowed on the front or corner lot side) yard. Any separate entrance: shall bel located tot the side or rear of the 10. Itis unlawful to construct an accessory dwelling unit, or to 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 inc compliance with this Title. In no case: shallj fewer thanj four (4) total offs street parking spaces be provided with at least 2 oft the spaces providedi in a garage.. Any additional occupant vehicles shall be parked An attached accessory dwelling unit shall be deemed unlawfuld ands shall not be occupied unless allo of Shall not occupy more thanj forty percent (40%) of the total floor area: square footage oft the Shall meet all oft ther requirements of the International, Building Coder relating to dwelling An attached accessory dwelling unit shall meet allo of the required setbacks for a primary Shallr not have ar room used fors sleeping smaller than one hundredt twenty (120): square feet,  7.  county assessor records or similar means.  8. 9.  principdlresidence.  off-street in City Code compliant parking areas.  D.  the following criteria are met:  1. 2. 3. 4. 5. 6.  primary dwelling structure,  Shallr not exceed ten percent (10%) oft thek buildable land oft thel lot, Shallb be at least three! hundred fifty (350) sq fti in size,  units, dwelling.  exclusive of any closet or others space,  [Type text]    224 East Bonneville Drive  224 East Bonneville Drive  NielsenProperly,    Bountiful City Department of Planning and Development  December 24, 2018  Administrative Committee  Back ground. We have lived at 177 East Oakridge Drive for 45 years. We purchased this lot on Bonneville Drive when it was developed a couple of years later. We have used this lot (as well as one other purchased at the same time) as al backyard and access to our "gully". We are building this home for our daughter and her two children. She currently owns a homea couple of blocks away. One of her children is autistic and will probably stay with her. She The Mother-In-Law" apartment is for our son (age 47). In 1997, when he was in his last year of Law School at the "U" he had a complete breakdown. He has not worked: since then. We area very close family (4 of our children and 7 of our grandchildren work with us in our business in Bountiful). All of our children and 16 grandchildren love him and love tol be with him. He currently lives in the Windgate apartments in Bountiful. He does not want to be classified as "disabled" and receives no government assistance. We are blessed/fortunate enough to take We thought (until a few days ago) that all Mother-In-Law" apartments had to be only for family members. That is our only intention. Anything can happen, but it is very unlikely this property (adjoining our home and gully and contains access to our "gully",along with another "family" lot next to it on Bonneville Drive) will be sold outside of our family. We are not experts, but there appears to be a good number of Mother-In-Law" situations in our area. There has been one across the street from our home since it was built a year after us. There is another next door East and another 2nd house West. We are not aware ofany Mother-In-Law" situations, in our area, that are not occupied by family.  works for us.  care of all of his needs, and have done sO since 1997.  We are disappointed that our daughter cannot have a second kitchen in the basement of her part of her home. It is truly for entertaining and preparedness. Her walk-out backyard is an extension of the oak-filled gully we have enjoyed and used for entertaining (and still do). Learning about the new law regarding Mother-In-Law" situations, (don't need to be family : even rented-out), we understand the reason. But our intent and use is, we guess, unique : having owned that lot with access and connection to our part of the gully for sO long and now wanting to use iti for our family, in a way that we thought was meant for all Mother-In-Law" situations : well, you can probably understand why we are disappointed that that was denied.  We feel that the project fits-in with our area. Thank You, Steve and Debbie Nielsen    SETBACK  ANDDEBBIE! NIELSEN  ISIN Bountiful, Entellus  LOCATEDINT TME/CLADRANT