Bountiful City January 8, 2018  Administrative Committee Minutes  Present: Chairman - Chad Wilkinson; Committee Member - Lloyd Cheney; Assistant Planner  Browne Sebright; Recording Secretary - Julie Holmgren  Absent: Committee Member - Dave Badham 1. Welcome and Introductions.  Chairman Wilkinson opened the meeting at 5:02 p.m. and introduced all present.  2. Consider approval of minutes for December 18, 2017.  Mr. Cheney made a motion for approval of the minutes for December 18, 2017. Mr.  Wilkinson seconded the motion.  A A  Mr. Wilkinson Mr. Cheney  Motion passed 2-0.  3. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow an Accessory Building exceeding 10% of the lot area at 55 West 700 North, Brent and  Kathy Vodopich, applicants.  Brent and Kathy Vodopich, applicants, were present.  Mr. Sebright presented a summary oft the staff report (the full staff report follows). The property is located in the R-4 Residential Single-Family Zone. The Applicant would like to build an accessory building which will serve as a garage. Bountiful City Land Use Code states that the total footprint of accessory structures may not exceed 10% of the entire lot of parcel area without requiring a Conditional Use Permit. The footprint of the proposed accessory structure will occupy more than 10% of the total parcel area SO a Conditional Use There is a potential for large accessory structures to be used for commercial purposes, which is not allowed in single family zones. Therefore, this type of configuration should be viewed as an "anticipated detrimental effect" as described in the Utah State Municipal Code which (1) A land use ordinance may include conditional uses and provisions) for conditional. uses that require (2) (a). A conditional use shall be approved ifreasonable conditions are, proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects oft the proposed use in accordance with applicable  Permit is required.  reads:  10-9a-507 Conditional uses.  compliance with standards. set forth in an applicable ordinance.  standards.  Bountiful City Administrative Committee Minutes - January 8, 2018  Page 1 of5    (b). Ifthel reasonably anticipated detrimental effects ofay proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable According to the plans submitted by the applicant, the accessory building will be constructed of metal. The structure will be 40 feet deep and approximately 33 feet wide with the front facing north. The structure will be located 5 feet from the eastern property line, 10 feet from the southern property line, and 30 feet from the primary structure. The accessory building will meet all required setbacks, easements, and height restrictions. The accessory building will occupy approximately 14.4% oft the total square footage of the property. The accessory building size will be approximately 91.7% of the main dwelling. The lot is 0.21 acres and the accessory building should have minimal impact on neighboring properties. 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 1. The Accessory Building shall meet all criteria in 14-4-105 of the Bountiful City  standards, the conditional use may be denied.  Use Permit with the following conditions:  Code.  2. The property owner shall obtain al building permit. 3. The applicant shall follow IBC building codes.  4. The Conditional Use Permit is solely for this site and is non-transterable. 5. The accessory structure WILL NOT be used for commercial interests or monetary PUBLIC HEARING: Mr. Wilkinson opened and closed the Public Hearing at 5:05 p.m. Mr. Wilkinson re-emphasized that the accessory structure cannot be used for commercial interests. Mr. Cheney inquired regarding the overhead power service on the property. Mr. Vodopich indicated there is an overhead power line, and the committee examined the Google Earth image of the property and the existing overhead power line. Mr. Wilkinson asked the applicants if they had contacted Bountiful Power regarding setbacks, and Mr. Vodopich indicated he had spoken with the power department, and they did not express concern Mr. Cheney made a motion for approval of a Conditional Use Permit to allow an Accessory Building exceeding 10% of the lot area at 55 West 700 North, Brent and Kathy Vodopich, applicants, with conditions outlined by staff and with an additional condition that the rear yard setbacks on the plans be revised if Bountiful Power deems it necessary. Mr. Wilkinson  gain.  with no comments from the public.  regarding the accessory building project.  seconded the motion. A A  Mr. Wilkinson Mr. Cheney  Motion passed 2-0.  Bountiful City Administrative Committee Minutes- - January 8, 2018  Page 2 of5    Mr. Vodopich raised his concern regarding the timing for the project, and Mr. Wilkinson explained that the applicants would have a year from the date of the Conditional Use Permit for project completion. Mr. Cheney advised the applicants to ensure their plans include the 4. PUBLIC HEARING: Consider approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 1261 Cassidy Circle, Jeremy and Erin-Leigh Hess, Jeremy and Erin-Leigh Hess, applicants, were present. Several neighbors were also in Mr. Sebright presented a summary oft the staff report (the full staff report follows). The applicant's home is in the R-3 Residential Single-Family Zone. The applicant would like to authorize an Accessory Dwelling Uniti in the basement of thel home. Plans submitted show the proposed accessory dwelling will include a full kitchen, a full bath, two bedrooms, and a family room. The ADU will have its own primary entrance, in addition to an internal Single-family homes with second kitchens can be problematic in maintaining the proper use of the home once the property changes hands or when new situations arise. There can be a desire to use the space as a duplex or multi-family unit which is not allowed. Therefore, the Code requires approval ofa Conditional Use permit and the recording ofa deed restriction to provide notice to future owners that the home is not a duplex and that future use of the accessory unit is subject to specific conditions. The Code also requires that the owner of the property live inj principal unit in order to maintain the single family nature oft the home.  proper wind design speed of155.  applicants. attendance.  connection to the rest oft thel home via thel kitchen.  10-9a-507 2.  Conditional Uses  A. A conditional use shall be approved ifreasonable conditions are proposed, or can be imposed, toi mitigate the reasonably. anticipated. detrimental effects oft the proposed use in B. Ifthe reasonably anticipated detrimental effects ofay proposed conditional use cannot be substantially mitigated by the proposal or the imposition ofreasonable conditions to achieve compliance with applicable standards, the conditional use may be denied.  accordance with applicable. standards.  According to the plans submitted, the home will maintain the appearance of a single-family residential home. The primary residence and the accessory dwelling unit will have a total of four parking spots, two inside the garage and two directly in front of the garage on the driveway. The Bountiful Land Use Ordinance restricts ADUS to 25% of the total square footage of the primary dwelling structure. The ADU will occupy approximately 24.5% of the square footage of primary structure. The lot is 0.21 acres and the ADU should have 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 1. Thej principal owner(s) of the property must occupy the primary structure.  minimal impact on neighboring properties.  Use Permit with the following conditions:  Bountiful City Administrative Committee Minutes January 8, 2018  Page 3of5    2. The property is to be used only as a single-family use and a deed restriction must be 3. Occupants of the Accessory Dwelling Unit shall be limited to: Legal dependents, children, parents, siblings, grandchildren, or grandparents oft the primary occupant. 5. The. ADU shall meet all the criteria in 14-14-124 ofthe city Ordinance 6. The Conditional Use Permit is solely for this property and is non-transferable. PUBLIC HEARING: Mr. Wilkinson opened the Public Hearing at 5:12 p.m. As noted below, two public comments were shared in support of the applicants. The Public Hearing Howard VanOrman (1007 East Millstream Way) stated that he is a neighbor and former bishop in the area, and he spoke in support of the applicants. He noted that Ms. Hess's parents are currently residing in the applicant's basement, and that the basement kitchen existed when the applicants purchased the home. Mr. VanOrman stated his observation of the applicants' efforts to have vehicles parked off the street. Mr. VanOrman concluded with a Jan Hedberg (1269 Cassidy Circle) echoed Mr. VanOrman's statement of support for the applicants. Ms. Hedberg explained that she lives next door to the applicants and has not Mr. Wilkinson thanked those in attendance for being at the meeting and expressed thanks for the process to legalize situations such as the one being addressed. Mr. Wilkinson noted that the applicants had submitted a good floor plan with their application. Mr. Cheney likewise Mr. Cheney made a motion for approval of a Conditional Use Permit to allow for an Accessory Dwelling Unit at 1261 Cassidy Circle, Jeremy and Erin-Leigh Hess, applicants.  signed.  4. There will be no separate utility service connections  was closed at 5:16 p.m.  statement of support.  observed any sort of problem regarding the accessory dwelling unit.  thanked those in attendance and commended the neighborhood support.  Mr. Wilkinson seconded the motion.  A A  Mr. Wilkinson Mr. Cheney  Motion passed 2-0.  Mr. Wilkinson explained that the next step in the approval process would involve the applicants signing a deed restriction prepared by the city. After the document is properly 5. Consider approval of a Conditional Use Permit, in written form, for improvements to an existing building at a commercial location at 565 Medical Drive for Country Oaks Mr. Cheney made a motion for approval of a Conditional Use Permit, in written form, for improvements to an existing building at a commercial location at 565 Medical Drive for  signed, the city will record the document with the county recorder.  Assisted Living of Bountiful, Gilda McBride, applicant.  Bountiful City Administrative Committee! Minutes- - January 8, 2018  Page 4 of5    Country Oaks Assisted Living of Bountiful, Gilda McBride, applicant. Mr. Wilkinson  seconded the motion. A A  Mr. Wilkinson Mr. Cheney  Motion passed 2-0.  6. Miscellaneous business and scheduling.  Mr. Wilkinson outlined the variance agenda item for. January 15, 2018, and al brief discussion ensued regarding that item. Mr. Wilkinson ascertained there were no further items of  business. The meeting was adjourned at 5:21 p.m.  Chad Wilkinson,   Planner City  Bountiful City Administrative Committee Minutes January 8, 2018  Page 5 of5