ADMINISTRATIVE COMMITTEE  Monday, May 21, 2018 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 thet 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 April 16, 2018.  3. PUBLIC HEARING: Consider approval ofa Conditional Use Permit to allow for a Home Occupation Contractor Business at 240 West 400 North, Shawn Dee Petersen, applicant. 4. Consider approval of a Conditional Use Permit, in written form, to allow for a Home Occupation Contractor Business at 763 Park Shadows Circle, Dana Gray, applicant.  5. Miscellaneous business and scheduling.  Chad Wilkinson, AM  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 April 16, 2018  Administrative Committee Minutes  Present: Chairman - Chad Wilkinson; Committee Members - Lloyd Cheney and Dave  Badham; Assistant Planner-Kendal Black; Recording Secretary -Julie Holmgren  1. Welcome and Introductions.  Chairman Wilkinson opened the meeting at 5:02 p.m. and introduced all present.  2. Consider approval of minutes for March 26, 2018.  Mr. Cheney made a motion for approval of the minutes for March 26, 2018. Mr. Wilkinson  seconded the motion. A A  Mr. Wilkinson Mr. Cheney Mr. Badham (abstained)  -  Motion passed 2-0.  3. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for a Home Occupation Contractor Business at 763 Park Shadows Circle, Dana Gray,  applicant.  Dana Gray, applicant, was present.  Mr. Black presented a summary oft the staff report (the full staff report follows).  The property where the Home Occupation Business is proposed is located in the RM-13 Single Family Zone. Home Occupation Contractor Businesses in this zone are classified in The application submitted indicates that the property will be used for the office of a construction business. The applicant indicated that a work vehicle will be parked in the garage of the home. The applicant has indicated that all tools and a trailer for the business will be located at an off-site storage facility. The applicant has indicated that roughly 108 square feet, approximately 7%, of the home will be used for the business. The total area of the business inside the home will not exceed 300 square feet. The applicant has acknowledged that there will be no signage or advertising the business on site. The applicant has indicated that there will be no other employees involved in the business working at the home. The use appears to be incidental and secondary to the use of the dwelling and shall Based on the findings, staff has determined that the applicant would comply with all  the City Ordinance as requiring a Conditional Use Permit.  not change the appearance, character, or condition oft the property.  Bountiful City Administrative Committee Minutes April 16, 2018  Page 1 of3    Pending minutes have not yet been approved by the Administrative Committee and are  subject to change until final approval has been made. Use Permit with the following conditions:  requirements for the conditional use permit. Staff frecommends approval of the Conditional  1. The applicant shall maintain an active Bountiful City business license. 2. The Home Occupation will not create: nuisances discernible beyond the premises (e.g. 3. No work, other than office related operations, will be performed at this site. 4. The use will comply with all applicable fire, building, plumbing, electrical, and life safety and health codes in the State ofUtah, Davis County, and Bountiful City. 5. The Conditional Use Permit is solely for this site and is non-transferrable, 6. The garage shall not be used for storage ofc construction materials, associated with the  noise, dust, fumes, glare, traffic, etc.).  Home Occupation. PUBLIC HEARING: with no comments from the public.  Wilkinson Mr.  )  opened and closed the public hearing at 5:05 p.m.  Mr. Wilkinson inquired regarding ownership ofthe property, Mr. Gray indicated that it is owned by a trust for which he is a trustee. Mr. Gray also explained that he serves as president of the Park Shadows homeowners association and has determined his business complies with their regulations. Mr. Badham inquired regarding the type of contractor business, and Mr. Gray indicated he is a handyman. Mr. Badham inquired regarding the use ofthe garage for storage. Mr. Black explained that the code allows for a certain percentage of the property to be utilized for the business. Mr. Gray noted that he will be utilizing off-site storage. Mr. Wilkinson added that the city code prohibits the exclusive use ofa garage for a Mr. Cheney made a motion for approval of a Conditional Use Permit to allow for a Home Occupation Contractor Business at 763 Park Shadows Circle, Dana Gray, applicant. Mr.  business.  Badham seconded the motion.  A A A  Mr. Wilkinson Mr. Cheney Mr. Badham  Motion passed 3-0.  4. Consider approval of a Conditional Use Permit, in written form, to allow for a Home Occupation Contractor Business at 449 West 3100 South, Kent Gines, applicant. Mr. Wilkinson explained that on. April 16, 2018 Mr. Black completed an inspection regarding one of the conditions of the conditional use permit which required Mr. Gines to remove a dumpster situated on the property by a deadline of April 9, 2018. The inspection revealed that the dumpster was still situated on the property. Mr. Wilkinson explained that approval of the written form of the conditional use permit is simply approval of the decision which outlined the conditions. A written decision needs to be approved SO that, ifnecessary, appeal rights may begin. He further explained that the city may pursue revocation of Mr. Gines'  business license ift the dumpster is not removed. Bountiful City Administrative Committee Minutes April 16, 2018  Page 2of3    Pending minutes have not yet been approved by the Administrative Committee and are  subject to change until final approval has been made.  Mr. Cheney made a motion for approval of a Conditional Use Permit, in written form, to allow for a Home Occupation Contractor Business at 449 West 3100 South, Kent Gines,  applicant. Mr. Cheney seconded the motion.  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  was  adjourned at 5:10 p.m.  Chad Wilkinson, City Planner  - -    -  e  Bountiful City Administrative Committee Minutes April 16, 2018  Page 3 of3    MAYOR RANDYLEWIS CITY COUNCIL RICHARDI HIGGINSON JOHNM.( BETHHOLBROOK (MARC)KNIGHT KENDALYNI HARRIS CHRIS R. SIMONSEN CITY MANAGER GARYR.HILL  BOUNTIFUL EST.1847 Memo Date: To: From: Re: Overview 3.  May 14, 2018 Administrative Committee Browne Sebright, Assistant Planner  Staff Report for the Administrative Committee Meeting on Monday, March 26, 2018  PUBLIC HEARING - Consider approval of a Conditional Use Permit to allow for a Home  Occupation Contractor Business at 240W400N N, Shawn Petersen, applicant.  Background  The property where the Home Occupation Business is proposed is located in the RM-13 Multiple Family Zone. Home Occupation Contractor Businesses in this zone are classified in the City  Ordinance as requiring a Conditional Use Permit.  Findings  The application submitted indicates that the property will be used for the office of a construction business. The applicant has indicated that he will use one personal truck for the business which will be parked on the driveway behind the home. The applicant has indicated that the home and yard tools for the business will be located in the shed int the back yard oft the property. The shed is approximately 250 sq ft ins size. The applicant has indicated that one 180: sq ft room int the basement of the home will be used as a small office for the applicant. The applicant has acknowledged that there willl be no signage advertising the business on site. The use appears to bei incidental and: secondary to the use of the dwelling and: shall not change the appearance, Onas site visit to the property, staff observed several vehicles parked on unpaved surfaces int the rear yard of the home. Parking vehicles on unpaved surfaces is a Code violation in Bountiful City.  character, or condition oft the property.  The applicant was notified on this violation on May 14, 2018.  Staff Recommendation  Based on the findings, staff has determined that 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. The applicant shall maintain an active Bountiful City business license.    2. The Home Occupation will not create nuisances discernible beyond the premises (e.g. 3. No work, other than office related operations, will be performed at this site. 4. The use will comply with all applicable fire, building, plumbing, electrical, and life safety and health codes in the State of Utah, Davis County, and Bountiful City. 5. The Conditional Use Permit iss solely fort this site and is non-transferable. 6. The vehicles parked on unpaved surfaces must be moved to compliant locations prior  noise, dust, fumes, glare, traffic, etc.).  to issuance ofal business license.  Bountiful Land Use Ordinance  14-17-105 License: A.  HOME OCCUPATION REQUIREMENTS  A proposed home occupation use shall meet the following criteria to qualify for a Home Occupation Business The use shall be clearly incidental and secondary to the use of the dwelling and shall not change the appearance, character, or condition thereof. There shall be no displays, advertisements, stock in trade, or signs related to the business except for: one (1) flat wall sign placed on the dwelling that shall not exceed four (4) square feet in size, and any sign required by State Law and/or which meet the provisions of this The use shall be conducted entirely within a dwelling, except for work performed offsite. Only members of the family related by blood, marriage, or adoption, and who reside in the dwelling, may work onsite. The only exception is that one (1) additional person may be employed as a secretary, apprentice, or assistant where there are no more than five (5) family members actively engaged in the home occupation. Employees who are not family members and/or who do not reside at the dwelling shall not meet, park, or otherwise congregate at the home or int the general vicinity. Additional outside employees are not allowed No product or commodity shall be stored onsite, and no customer may physically visit the site of a home occupation to take delivery of a product or commodity. Commodities may be produced on the premises The use: shall not create noise, dust, odors, noxious fumes, glare, or other nuisances, including interruption The use shall not involve using or storing flammable material, explosives, or other dangerous materials, The use shall not involve mechanical or electrical apparatus, equipment, or tools not commonly associated The use shall not generate traffic in greater volumes than would normally be expected in a residential neighborhood nor involve the use of commercial vehicles other than standard delivery vehicles for delivery The use shall not involve the parking of equipment or motor vehicles having a gross weight of twelve The use shall be in compliance with all applicable fire, building, plumbing, electrical and life safety and The residence and property may be inspected from time to time to determine continued compliance with  Title.  B.  ift there is more than one home occupation at the property. The use: shall not involve more than! 50% of the entire dwelling. The use: shall not involve the area of required, covered, off-street parking.  C. D. E. F. G. H. I. J. K. L. 14-17-108 A.  and sold offsite.  ofradio and/or television reception, which are discernible beyond the premises.  including gun powder.  witha a residential use or as are customary to home crafts.  of materials to or from the premises.  thousand (12,000) pounds or more directly at the residence. health codes of the State of Utah, Davis County, and the City of Bountiful. the provisions of this Ordinance and other applicable codes. HOME OCCUPATION CONDITIONAL USES  Home occupations int the following areas of work are conditional uses, and licenses may be issued for them only ifa  conditional use permit is granted following notice and a public hearing:  Lawn care and/or landscaping,  790 South 100 East . Bountiful, UT 84010 . 801.298.6140 . FAX801.298.3171  www.bountiruluan.gow    B. C. D. E.  Construction and/or contracting, Snow removal, following: 1. 2. 3. 4. 5.  Residential day care or group instruction facilities with more than eight (8) people,  AI home occupation office use may be allowed in a detached accessory structure in accordance with the The total office area, including a restroom and any storage space, shall not exceed three hundred The office shall not be located in an area of required, covered, off-street parking. No part of the office space shall be utilized if the required, covered, off-street parking is being The only retail activity allowed is that transacted electronically or by mail. Any retail activity involving the physical delivery of goods or persons to the propertyi is expressly prohibited. A home occupation office in a detached accessory structure shall be deemed unlawful and shall not be occupied unless the owner has recorded a deed restriction on the property stating that the use of the property is for a single family dwelling, and that the office space shall only be used in accordance with the provisions of the Bountiful City Land Use Ordinance as it may be amended  (300): square feet.  utilized for a purpose other than parking.  from time to time.  240W400N  0 ea18Ggfe  790 South 100 East  Bountiful, UT 84010 . 801.298.6140 . FAX801.298.3171  www.pounttuuan.gow    For_.rice Use Only Date Rec'd Application Fee($50.00) Zone  BOUNTIFUL EST.1847  CONDITIONAL USE PERMIT APPLICATION (For Home Occupation - Contractors, Construction & Landscaping, Lawn Care or Snow Removal)  Date of Submittal: 05/09/2018 Property Address: 240 - West  voolort5 Bountful  Applicant Name: Shauni Dee Petersen  Applicant Address: 240 West HOONo. Bountfubut  Applicant Phone #: 20l-292-062944  Applicant E-Mail: R SbalmdPglien Authorization (Owner ELa  (Ifapplicant is not owner, applicantmust: submit notarized authorization from all property owners)  EP Project Name and Description: AOK.Handyman  HomaSmall repaics and Vard -  Service  BF Please respond to the following questions (per Land Use Code Section 14-17-105): What colequpmen.materas will be used for the business, and where will they be  stored? tome Gyd  tools and ve pair equi tment.  Egpmentlle Y i alelarfrailer  Will you use any vehicles for the business? If sO, please indicate on your site plan where  the vehicle(s) will be parked. One PersonaTrwck  How much of the home will be used for the business (percentage)? Please note that area on your site plan. One roow - located in basc ment for 45X17 office and Shed on 56x40 = 2000 54 Feet of Land Are there any, employees (besides those living at the home) who will be involved in the 12x15  Srtap OPAILE  business? No  Department of Planning and Economic Development 790 South 100 East Bountiful, Utah 84010 Phone 801.298.6190    The application must be signed and notarized. by each property owner or authorized agent(s).  Property Owners Affidavit  I(we). Shir/R. & CbAnn 7 Plsen  being first  duly sworn, depose  and say that I (we) am (are) the current owner(s) of the property involved in this application: that I (we) have read the application and attached plans and other exhibits and are familiar with its contents; and that said contents are in all respects true and correct based upon my (our) personal  knowledge.  shpa Owner's Signature State of Utah County of Davis  2Rt Owner's Signature (co-owner ifany)  ) S )  Subscribed and sworn to before me this gth day of May  20/8  Notary Public:  Notary Public- State ofUtah TONYAJ J. MUNDEN Commission #698250 My Commission Expires Duoember 11,2021  Agent Authorization  I(we), located at  the owner(s) of the real property  in Bountiful City, Utah, do hereby appoint  as my (our) agent to represent me (us) with regard to this  application affecting the above described real property, and authorize the aforementioned agent to appear on my (our) behalf before any City board or commission considering this application.  Owner's Signature State of Utah County of Davis On the  Owner's Signature (co-owner if any)  ) S )  day of  20  personally appeared before me the signer(s) of the above Agent  Authorization who duly acknowledge to me that they executed the same.  Notary Public:    - *   100435    RANDY C. LEWIS MAYOR CITY COUNCIL Kendalyn Harris Richard! Higginson Beth Holbrook Chris John! R. Marc Simonsen Knight CITY MANAGER Gary R. Hill  BOUNTIFUL EST.1847  Bountiful City, Utah Conditional Use Permit  A public hearing was held on April 16, 2018, at Bountiful City Hall to consider the request of Dana Gray, for a Conditional Use Permit allowing a Home Occupation Contractor Business at  the following location:  763 North Park Shadows Circle, Bountiful City, Davis County, Utah ALL OF UNIT: 34, BLDG1 15, PARK SHADOWS CONDO PHASE2.  Parcel 03-164-0034  The Bountiful City Administrative Committee heard the matter and considered the statements of the applicant, the City staff, and the public. Asaresult, 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 to operate a contractor business meets the letter and the intent of the specific requirements in $14-17 et seq. (Conditional Use Permit provisions) of the  Bountiful City Land Use Ordinance.  The Bountiful City Administrative Committee hereby grants this Conditional Use Permit for Dana Gray to operate a contractor business located at 763 North Park Shadows Circle, in  Bountiful, Davis County, Utah, with the following conditions:  1. The applicant shall maintain an active Bountiful City business license. 2. The Home Occupation will not create nuisances discernible beyond the premises (e.g. 3. No work, other than office related operations, will be performed at this site. 4. The use will comply with all applicable fire, building, plumbing, electrical, and life safety and health codes in the State ofUtah, Davis County, and Bountiful City. 5. The Conditional Use Permit is solely for this site and is non-transferable. 6. The garage shall not be used for storage of construction materials associated with the The Conditional Use Permit was approved on April 16, 2018, and this written form was  noise, dust, fumes, glare, traffic, etc.).  Home Occupation.  approved this 215t day of May, 2018.  Chad Wilkinson Planning Director  ATTEST: Julie Holmgren Recording Secretary