ADMINISTRATIVE COMMITTEE Monday, April 16, 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 the time and on the date given above. The public isi 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 ofminutes for March 26, 2018. 3. PUBLIC HEARING: Consider approval ofa Conditional Use Permit to allow for a Home Occupation Contractor Business at 763 Park Shadows Circle, Dana Gray, applicant. 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. 5. Miscellaneous business and scheduling. AK Chad Wilkinson, City Planner Pending minutes have not yet been approved by the Administrative Committee and are subject to change until final approval has been made. Bountiful City March 26, 2018 Administrative Committee Minutes Present: Chairman - Chad Wilkinson; Committee Members Lloyd Cheney and Beth Holbrook; Assistant Planner - Kendal Black; Recording Secretary - Julie Holmgren 1. Welcome and Introductions. Chairman Wilkinson opened thei meeting at 5:00 p.m. and introduced all present. 2. Consider approval of minutes for March 12, 2018. Mr. Cheney made a motion for approval of the minutes for March 12, 2018. Ms. Holbrook seconded the motion. A A A Mr. Wilkinson Mr. Cheney Ms. Holbrook Motion passed 3-0. 3. Consider approval of a Conditional Use Permit to allow for a Home Occupation Contractor Business at 449 West 3100 South, KentGines, applicant. Kent Gines, applicant, was present. Mr. Black presented a summary ofthe staff report (the full staffreport follows). The property where the Home Occupation Business is proposed is located in the R-4 Single Family Zone. Home Occupation Contractor Businesses in this zone are classified in the City The application submitted indicates that the property will be used for the offices of a construction business. The applicant indicated that a truck used for the business will be parked at the home in the garage. The applicant has indicated that the existing commercial dumpster will be removed within a week. The applicant has indicated that 300 square feet of the garage will be used to park his truck and store all hands tools, compressors, and generators for the business. The applicant has indicated that 90 square feet of the home will be used as an office for a future, part-time secretary and that 60 square feet of the home will be used as a small office for the applicant. The total area oft the business inside the home will not exceed 300 square feet. The applicant has acknowledged that there will be no signage advertising the business on site. Approximately 8% of the home will be used for the business. The use appears to be incidental and secondary to the use oft the dwelling and shall Ordinance as requiring a Conditional Use Permit. not change the appearance, character, or condition oft the property. Bountiful City Administrative Committee Minutes - March 26, 2018 Page 1 of3 Pending minutes have not vet been approved by the Administrative Committee and are subject to change until final approval has been made. 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 3. No work, other than office related operations, will be performed at this site. 4. No commercial dumpster, trailer, or any other storage receptacle will be used for 5. 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 6. The Conditional Use Permit is solely for this site and is non-transferable. 7. The garage shall not be used for storage of construction materials, associated with 8. The dumpster currently situated on the propérty must be removed by April 9, PUBLIC HEARING: Mr. Wilkinson opened the public hearing at 5:04 p.m. Mr. Gary Davis (2814 South 500 West) was present and stated that he was in support of Mr. Gines' home occupation contractor business. There were no further comments from the public, and Mr. Wilkinson explained that the home should look like a home and not like a business and the dumpster must be removed. Mr. Gines explained that his mother had recently been hospitalized which turned his attention to her, but he noted the dumpster will soon be removed. Mr. Gines also explained he will be moving a truck and trailer that have been parked on the property. Mr. Wilkinson noted the code regarding detached garages and explained that use is limited for a reason. Mr. Gines stated he lives in the basement of the home owned by hismother. Ms. Holbrook inquired regarding the commercial dumpster use, and Mr. Gines stated he had been using the dumpster for business and personal use. Mr. Cheney inquired regarding the detached and attached garages. Mr. Gines stated that nothing of his is stored in the front garage, that he primarily uses the detached garage, and that his tools are not large. Mr. Gines explained that his business involves windows. Ms. Holbrook made a motion for approval of a Conditional Use Permit to allow for a Home Occupation Contractor Business at 449 West 3100 South, Kent Gines, applicant, with conditions outlined by staff and with an additional condition that the dumpster be removed (e.g. noise, dust, fumes, glare, traffic, etc.). thes storage or disposal ofjob-related debris at the home. City. the Home Occupation. 2018. Mr. Wilkinson closed the public hearing at 5:04 p.m. within 14 days (by April 9,2018). Mr. Cheney seconded the motion. A A A Mr. Wilkinson Mr. Cheney Ms. Holbrook Motion passed 3-0. Bountiful City Administrative Committee Minutes - March 26, 2018 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. 4. Miscellaneous business and scheduling. Mr. Wilkinson ascertained there were no further items of business. The meeting was adjourned at 5:09 p.m. Chad Wilkinson, City Planner D - > E & Bountiful City Administrative Committee Minutes - March 26, 2018 Page 3 of3 MAYOR RANDY LEWIS CITY COUNCIL RICHARD! HIGGINSON BETHHOLBROOK JOHN M. (MARC) KNIGHT KENDALYNI HARRIS CHRIS R.S SIMONSEN CITYMANAGER GARY R. HILL BOUNTIFUL EST.1847 MEMORANDUM Date: From: Re: Overview 3. April 11,2018 Kendal Black, Assistant Planner Staff Report for the Administrative Committee Meeting on Monday, April 16, 2018 PUBLIC HEARING - Consider approval of a Conditional Use Permit to allow for a Home Occupation Contractor Business at 763 Park Shadows Cir, Dana Gray, applicant. Background 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 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 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 hasi indicated that roughly 108 square feet, approximately 7%, of the home willl 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 not change the appearance, character, or condition oft the property. Staff Recommendations 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. noise, 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 int the State of Utah, 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 of construction materials, associated with the dust, fumes, glare, traffic, etc.). Home Occupation. 790 South 100 East - Bountiful, UT 84010 . 801.298.6140 . FAX 801.298.3171 www.Dountifuluah.gov Bountiful Land Use Ordinance 14-17-105 A. B. HOME OCCUPATION REQUIREMENTS Aproposed home occupation use shall meet thet following criteria to qualify fora al Home Occupation Business License: The use shall be clearly incidental ands secondary to the use of the dwelling and shall not change the appearance, character, or condition thereof. There shall ber 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, 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 in the general vicinity. Additional outside employees are not allowed if there is more than one home 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 and sold The use shall not create noise, dust, odors, noxious fumes, glare, or other nuisances, including interruption of radio The use shall not involve using or storing flammable material, explosives, or other dangerous materials, including The use shall not involve mechanical or electrical apparatus, equipment, or tools not commonly associated with a 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 of The use shall not involve the parking of equipment or motor vehicles having a gross weight of twelve thousand The use shall be in compliance with all applicable fire, building, plumbing, electrical and life safety and health The residence and property may be inspected from time to time to determine continued compliance with the and any sign required by State Law and/or which meet the provisions oft this Title. occupation att the property. C. D. E. F. G. H. I. J. K. L. 14-17-108 A. B. C. D. E. The use: shall noti involve moret than! 50% of the entire dwelling. The use shall not involve the area of required, covered, off-street parking. offsite. and/or television reception, which are discernible beyond the premises. gun powder. residential use or as are customary to home crafts. materials to or from the premises. (12,000) pounds or more directly at the residence. codes of the State of Utah, Davis County, and the City of Bountiful. provisions of this Ordinance and other applicable codes. HOME OCCUPATION CONDITIONAL USES Home occupations in 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, Construction and/or contracting, Snow removal, 1. 2. 3. 4. 5. Residential day care or groupi instruction facilities with more than eight (8) people, AH home occupation office use may be allowed ina a detached accessory: structure in accordance with the following: The total office area, including a restroom and any storage space, shall not exceed three hundred (300) No part of the office space shall be utilized if the required, covered, off-street parking is being utilized for The only retail activity allowed is that transacted electronically or by mail. Any retail activity involving the 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 from time to time. 790 South 100 East . Bountiful, UT 84010 . 801.298.6140 e FAX801.298.3171 square feet. The office shall not be located in an area of required, covered, off-street parking. physical delivery of goods or persons to the property is expressly prohibited. ap purpose other than parking. www.bountruluan.gov 763 Park Shadows Circle L V6Par,Shadowsgr 790 South 100 East . Bountiful, UT 84010 . 801.298.6140 . FAX801.298.3171 www.bountifuluah.gov Adwh 4-16-19 Forc.rice Use Only Date Rec'd 4-2-18 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: 3-32-18 Property Address: 463 Park shadows Cirek Applicant Name: Dana Gray Applicant Address: 763 Park shadows Circle Applicant Phone #: 501-710-/82) Applicant E-Mail: dg03 D/vecon Authorization (Owner Signature): Ahy (If applicant is not owner, applicant must submit notarized authorization from all property owners) 1A Project Name and Description: DiGHandyuas Please respond to the following questions (per Land Use Code Section 14-17-105): What oolslequpmenumgtenais will pe used for the business, and where will, they be stored? stored 7 drills, Paitegepmet Alllocks + fraerare Aspen onit #IHH. Springs Will you use any vehicles for the business? Ifso, please indicate on your site plan where the vehicle(s) will be parked. Work Vehicke is parked 1 garage. How much of the home will be used for the business (percentage)? Please note that area on your site plan. 7% Are there any employees (besides those living at the home) who will be involved in the 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 Douo auesboy 3 evralyes (we) Evtes Gcy Leccthaw CY hah being first duly sworn, depose and say that I (we) am (are) the current owner(s) of the property involved in this application: thatl (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. Ribaahso Owner's Signature (co-owner if any) Signature State of Utah County of Davis Alay dsblanz S Subscribed and sworn to before me this _dayof_ Apal 20/8. Notary Public: de pau Notary VICTORIA Public . State EGAN of Utah Commissiont #6 697632 My Commission Expires November 13, 2021 Agent Authorization, Leccthan Daasawes Gvoy 3 DeboyalaLee I(we), Dane Bray ht the owner(s) of the real property located at 763 Parks Shadows Dhk, in Bountiful City, Utah, do hereby appoint 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. asmy (our) agent to represent me (us) with regard to this Ahahhckn Owner's Signature (co-owner if any) AZy State of Utah County of Davis S ) On the 2 day of April, 20_18, personally appeared before me tSEENT Authorization who duly acknowledge to met that they executed the same. the signer(s) of the above Agent Notary Public: EGAN lag Notary VICTORIA Public . State of Utah. Commission! # 697632 My Commission 13,2021 Expires November O 6 ) Ooyb/e Carye & / oPbes RANDYC.L LEWIS MAYOR CITY COUNCIL KendalynH Harris Richard Higginson Beth Holbrook Chris John R. Marck Simonsen Knight CITY MANAGER GaryR.Hill BOUNTIFUL EST.1847 Bountiful City, Utah Conditional Use Permit A public hearing was held on March 26, 2018, at Bountiful City Hall to consider the request of Kent Gines, for a Conditional Use Permit allowing a Home Occupation Contractor Business at the following location: 449 West 3100 South, Bountiful City, Davis County, Utah BEG ATI NE COR LOT 6, BLK2, VALVERDA PLAT. A, SEC 6-TIN-R1E, SLM: TH W115FT; S1 SOFTEIISFTTHN. 1501 FTTO BEG. CONT. 0.395. ACRES. Parcel 01-022-0058 The Bountiful City Administrative Committee heard the matter and considered the statements of the applicant, the City staff, and the public. As ai result, 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 Kent Gines to operate a contractor business located at 449 West 3100 South, 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. No commercial dumpster, trailer, or any other storage receptacle will be used for the 5. 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. 6. The Conditional Use Permit is solely for this site and is non-transferable. 7. The garage shall not be used for storage of construction materials, associated with the 8. The dumpster currently situated on the property must be removed by April 9, 2018. The Conditional Use Permit was approved on March 26, 2018, and this written form was noise, dust, fumes, glare, traffic, etc.). storage or disposal ofjob-related debris at the home. Home Occupation. approved this 16th day of April, 2018. Chad Wilkinson Planning Director ATTEST: Julie Holmgren Recording Secretary