BOUNTIFUL CITY PLANNING COMMISSION AGENDA Tuesday, September 4, 2018  6:30 p.m.  NOTICE IS HEREBY GIVEN that the Bountiful City Planning Commission will hold a 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 American with Disabilities Act may request an accommodation by contacting the Bountiful Planning Office at 298-6190. Notification at least 24 hours prior to the meeting would be  appreciated.  1. Welcome and Introductions.  2. Approval oft the minutes for August 14, 2018.  3. Consider preliminary and final P.U.D. subdivision approval for Midtown Townhomes P.U.D. located at 83/85 North 300 East, 276/278 East 100 North, Brad F. Hutchings, 4. Consider final site plan approval for a 12-unit multi-family development located at 105 5. Consider the approval oft the Findings of] Fact for the denial ofa a variance to section 14-4- 105J.2. b. to allow for the building footprint of accessory structures to exceed 15 %0 of the lot or parcel area located at 146 W 100 South, Jan Rawlins, applicant. 6. Planning Director's report, review of pending applications and miscellaneous business.  applicant.  South 100 West, Brian Knowlton, applicant.  -  AK  Chad Wilkinson, City Planner    Bountiful City Planning Commission Minutes August 14, 2018 6:30 P.M.  Present:  Chair- Sean Monson; Vice Chair Von Hill; Planning Commission Members - Jim Clark and Sharon Spratley; Asst. City Attorney = Clint Drake; City Planner - Chad Wilkinson; Asst City Planner - Curtis Poole; City Engineer - Paul Rowland; and Recording Secretary - Nikki City Council Representation - Richard Higginson; Planning Commission Members = Jesse  Dandurand  Excused:  Bell and Tom Smith  1. Welcome and Introductions.  Chair Monson opened the meeting at 6:40j pm and welcomed all those present.  2. Approval of the minutes for. July 17, 2018.  Jim Clark made a motion to approve the minutes for. July 17,2018 as written.  Von Hill seconded the motion. Voting passed 4-0 with Commission members Clark, Hill, Monson, 3. PUBLIC HEARING - Consider approval of a variance to section 14-4-105 J. 2. b. to allow for the building footprint of accessory structures to exceed 15 % of the lot or parcel area located at  and Spratley voting aye.  146 W 100 South.  Jan Rawlins was present. Curtis Poole presented the staff report.  The applicant, Jan Rawlins, has requested a variance to City Code 14-4-105J.2. b., which will allow for the building footprint of accessory structures existing and proposed to exceed 15% of the lot or parcel area. The purpose of the variance is to construct a detached garage. The property is in the R-4 The applicant has requested a variance to allow for a detached garage to be constructed that would exceed the 15%1 total lot size maximum footprint ofall accessory structures. The home was built in the 1930's, and the two car garage is proposed by the applicant to meet her current needs. On August 14, 2017, the applicant received approval of a lot line adjustment that increased the lot size to .261 acres or 11,369 square feet. On the new parcel that was conveyed to the applicant was an old barn. Section 14-4-105 J.2. b. states, "The total building footprint of any and all accessory structures shall not exceed fifteen percent (15%) of the entire lot or parcel area, and no lot or parcel shall be reduced in area after the construction of an accessory building, such that iti is in violation ofthis provision." Based on the new lot size, the total square footage of accessory structures that can be built on the property is 1,705. The existing barn, which the applicant would like to keep, is 1,322 square feet. The proposed detached garage is 728 square feet, which exceeds the maximum allowed by 345 square feet, or an  zone.  18% total footprint.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 1 of8    Utah Code 10-9a-702 establishes the criteria for review of a variance request. In order to grant a (i) Literal enforcement of the ordinance would cause an unreasonable hardship. for the applicant that is not necessary to carry out the general purpose of the land use ordinances; Staff Response: State law states that a hardship cannot be self-imposed or an economic hardship. A variance will not be necessary if compliance is possible with an alteration to proposed plans. With modifications to the size of the proposed garage or existing barn footprints compliance is possible. Therefore, the need for the variance is self-imposed and does not constitute a hardship. (ii) There are special circumstances attached to the property that do not generally apply to other Staff Response: The lot does have an existing barn that was acquired through a lot line adjustment which is not common among similar properties in the R-4 zone. However, the applicant could choose to remove a portion of the barn or to construct a smaller garage without the need for a variance. The lot size and shape are similar to other lots in the zone and the variance is requested not because ofa (ii) Granting the variance is essential to the enjoyment ofas substantial property right possessed by Staff Response: The ability to construct accessory buildings is always constrained by the available square footage of a lot. Other lots in the R-4 zone share this common constraint. Therefore, requiring the applicant to meet the standard footprint for accessory units as required by code does not deprive a (iv) The variance will not substantially affect the general plan and will not be contrary to the Staff Response: One oft the purposes of limiting building square footage for accessory structures is to ensure that accessory structures do not become the primary use on a lot, and to preserve open space. The code requires that accessory structures should not exceed 15% of the total square footage of the property. Increasing the allowable building footprint and decreasing the amount of open space is  variance each oft the following criteria must bei met:  properties in the same zone;  unique circumstance but rather in order to exceed the maximum lot coverage.  other property in the. same. zone;  property right that is available to other similar lots.  public interest;  contrary to the public interest.  (v) The spirit of the land use ordinance is observed and. substantial, justice done  Staff Response: The land use ordinance includes maximum accessory building standards in order to preserve open space and to make sure that accessory structures do not dominate a lot. Approving a variance to these standards is not consistent with the spirit of the land use ordinance. Staff recommends denial of the requested variance, based on analysis of the required review criteria from State law included in the findings above and the materials submitted by the applicant. Ms. Rawlins stated that she wants to keep her property as a Single Family home. She confirmed that issues with the property lines have existed for a while and have recently been taken cared of.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 20 of8    Chair Monson opened the Public Hearing at 6:51 p.m.  Maria Bishop who resides at 138 W 100 South. Ms. Bishop is in favor of the additional garagespace. Jon Carrington, who is the contractor for Ms. Rawlins. Mr. Carrington sees Ms. Rawlins putting in money and time to keep her property looking nice and likes her proposed plan for the property.  Chair Monson closed the Public Hearing at 6:53 p.m.  Staff confirmed that a smaller two-car garage can be built on the property and meet the footprint Von Hill made a motion to deny the variance to section 14-4-105 J.2.b to allow for the building footprint ofaccessory structures to exceed 15% ofthe lot or parcel area located at 146 W 100 South. Sharon Spratley seconded the motion. Voting passed 4-0 with Commission members Clark, Hill, 4. PUBLIC HEARING Consider approval for a Conditional Use Permit approval for a 12-unit multi-family development located at 105 South 100 West, Brian Knowlton, applicant. 5. Consider preliminary site plan approval for a 12-unit multi-family development located at 105  standards.  Monson, and Spratley voting aye.  South 100 West, Brian Knowlton, applicant.  Brian Knowlton was present. Chad Wilkinson presented the staffr report.  Item 4 and 5 will be presented by staff together.  The applicant, Knowlton General, requests preliminary site plan approval for a 12 unit multifamily development located at 105S 100 West. The property is zoned DN (Downtown) and is surrounded by multifamily residential to the east, single family residential to the west, the post office to the north, and vacant property to the south. The plan is to remove the existing single family residence on site and construct ai new 3-story approximately 15,000 square foot building with 41 units per floor. The proposed development is located on a .26 acre property but is part of the larger Hepworth mixed use development located to the east. No new driveways are proposed in conjunction with the development. The applicant will close the existing approach on 100 South and will use the approach to the Hepworth Apartments located on 100 West. The proposal meets the parking standards of the Codei including required covered parking and guest spaces. The parking for the development is shared with the existing development to the east and utilizes excess parking developed with the previous The proposed building meets the required setback and height standards for the DN Zone. The applicant proposes building materials consisting of a mix of fiber cement siding and brick. The buildings are compatible with the existing apartments to the east. Color renderings oft the buildings are attached to this report. The proposed structure meets the required articulation standards of the ordinance and complies with the maximum 2:1 height to width ratio requirements. Ground floor units  apartments to meet the minimum standards.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 3of8    have entrances facing the public street and balconies or patios are shown for each unit.  The plan shows the minimum 10 percent of landscape area and the additional landscaping required by Code for multifamily development; however, a detailed landscape plan will need to be submitted Water and sewer will be provided via connections to existing lines in 100 South. Storm water drainage was designed in conjunction with the previous development and is sized to handle the minor change to Although it is not required to combine the properties in order for the building to meet setbacks, the development of the building requires the use of parking located on an adjacent parcel. Therefore, iti is recommended that either the parcels be combined or that an easement or agreement for shared parking The development is occurring in an area with urban levels of infrastructure already in place. Impacts from the development of this property have been anticipated in the design oft the existing storm water, Staff recommends that the Planning Commission approve the Conditional Use Permit and forward a recommendation of approval to the City Council for preliminary site plan review for the proposed 12  demonstrating compliance with the minimum requirements ofthel landscape code.  the site anticipated with the current development.  be recorded on the property to the south and east.  sewer, and water and transportation system.  unit multifamily building subject to the following three conditions:  1. Complete any and all redline corrections.  2. Prior to issuance oft the building permit, either consolidate the parcels or provide a shared parking 3. Submit a landscape plan meeting the minimum requirements of Sections 14-16- 104 and 14-16-  and access agreement or easement in favor oft the new development.  109.  Chair Monson opened the Public Hearing at 7:05 pm.  Jan Rawlins resides at 146 W 100 South. Ms. Rawlins is aware of the changes that have been in the Downtown zone but stated her dislike for the large height for this building in this area. Maria Bishop resides at 138 W 100 South. Ms. Bishop agrees with Ms. Rawlins about the large high Carol Rawlins resides at 341 E 200 South. Ms. Rawlins would like to see the downtown area kept A resident who is building a home near this area stated that he hopes that this project will have the same care as the other clean, well built, attractive apartments that are in the immediate area.  rise.  with thel historic area.  Chair Monson closed the Public Hearing at 7:09 p.m.  Mr. Wilkinson discussed that the direction that was given to staff for the downtown standard height was 35 feet. The Conditional Use Permit is an allowed use but will allow the Commission members to  place mitigating conditions for that item.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 4 of8    Sharon Spratley made ai motion that the Planning Commission approve the Conditional Use Permit for al 12-unit multi-family development located at 105 South 100 West with the 3 conditions outlined by Jim Clark seconded the motion. Voting passed 4-0 with Commission members Bell, Clark, Monson, Sharon Spratley made a motion that the Planning Commission forward to the City Council a recommendation of approval for preliminary site plan for a 12-unit multi-family development located Jim Clark seconded the motion. Voting passed 4-0 with Commission members Clark, Hill, Monson, 6. Consider preliminary and final subdivision approval for Nathan's Subdivision located at 306 Rafael Chavez. Jr and Nathan Polatis were present. Paul Rowland presented the staffi report. Mr. Nathan Polatis is requesting preliminary and final approval of the Nathan's Subdivision. This three lot subdivision proposes to combine and then split the existing residential properties at 292 West and 306 West 400 North Street. The properties are currently occupied by a two single family homes with a couple of sheds and a detached garage. All of the structures are proposed to remain on their respective lots while the combined rear yards will be divided off to create the new third lot. The two lots combine to form a 0.73 acre parcel which will be divided into three lots, > each with enough area to meet the minimum lot size requirement for the R-4 zone, in which they are located. Lot 1, a corner lot, was the subject of a variance granted by the Planning Commission on July 17, 2018 to allow for a frontage along 400 No. St. less than the required 80 ft. The lot was turned into a corner lot and reduced in size when 325 West Street was extended to 400 North in the late '70s or early '80s. Lot 1 has the zone required frontage along 325 West and contains 8,806 s.f., which exceeds the minimum lot size of 8,800 s.f. for a corner lot. The other two lots both exceed the All utilities are already serving the two lots along 400 North Street but the new lot will require a full set ofutilities. Since no sewer exists in 325 West, a sewer lateral will need to be extended under the Barton Creek culvert to meet the sewer main ini the intersection of 600 N and 325 West. There is a existing 10" culinary water line in 325 West which will be used to provide the culinary water service to a new house on lot 3, however there is no fire hydrant with in the code minimum distance from the property, sO a new fire hydrant will be required across 325 West from the new lot. The Developer will be required to bond for and install the new sewer lateral and pay the City to have the hydrant installed before any building permit will be approved for this lot. The power, phone, and cable lines are all overhead in the area and already serve the existing lots. A new Public Utility Easement will be required on the final plat to cover the overhead power lines that cross the property  staff.  Smith and Spratley voting aye.  at 105 South 100 West with the 3 conditions outlined by staff.  and Spratley voting aye.  and 292 W 400 North, Nathan Polatis, applicant.  minimum required size and frontage requirements for the zone.  near the new south boundary oflot3.  Bountiful City Planning Commission Minutes August 14, 2018  Page 5of8    Because the concrete channel containing Barton Creek occupies the north 15ft. oft this property, a new easement to cover the actual channel and additional ground along the channel for access is required. The final plat will need to show a 30: ft. wide easement along the north side ofl lot 3 to cover the needs Because all oflot 3 is in the currently mapped 100 year flood plain, a Flood Plain Development Permit will be required from Bountiful City, along with an elevation certificate showing that there are no All of the necessary surface improvements (C&G, sidewalk, etc.) are already in place, and the improvements along 400 North have recently been replaced. Any damaged street improvements along the lot 3 frontage will be required tol bei repaired with the construction oft the sewer lateral. Staff recommends preliminary and final approval of the Nathan's Subdivision with the following  of Barton Creek and the Davis County Flood Control.  openings into any home built on lot 3 which are below the 100 year flood elevation.  conditions:  1. Provide a current title report. 2. Make all necessary red line corrections.  3. Post al bond for and install the sewer lateral in 325 West St. to serve lot 3. 4. Provide an elevation certificate for any home proposed on lot3. 5. Pay all fees, including the new: fire hydrant and the Storm Water Impact Fee.  Sharon Spratley made a motion that Planning Commission forward to the City Council a recommendation for preliminary and final subdivision approval for Nathan's Subdivision located at 306 and 292 W 400 North, Nathan Polatis, applicant with the addition of Condition 6 "Obtain Jim Clark seconded the motion. Voting passed 4-0 with Clark, Hill, Monson, and Spratley voting aye. 7. Consider preliminary site plan approval for Alphagraphics located at 265 S Main and 295 S  approval from Davis County Flood Control for the creek easement".  Main, Spencer Anderson, applicant.  Spencer Anderson was present. Chad Wilkinson presented the staff report.  The applicant, Spencer Anderson, representing Alpha Graphics, requests preliminary site plan approval for an addition to the existing Alpha Graphics use and accompanying property improvements. The property is located within the DN (Downtown) zone and will incorporate the existing Alpha Graphics site and the former Bountiful RV site. The application includes the construction/ remodel ofa approximately 24,000 square feet which includes a +3,000 square foot future tenant space. The property is zoned DN (Downtown) and is surrounded by commercial development on the north, south, east, and west. To the northeast is the existing soccer field property owned by The proposed development is located on a 1.02 acre property consisting of two parcels. Prior to construction of the proposed addition, the parcels will need to be consolidated. Access to the project will be via two driveways on 300 South. The applicant will close the two existing approaches on Main Street. Based on the square footages shown on the plan, the proposal meets the parking standards of the Code. However, once the specific use of the tenant space has been identified the submittal of  Bountiful City.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 6of8    additional parking analysis may be required, in order to demonstrate compliance with the Code. The proposed building meets the required setbacks and height standards for the DN Zone. The applicant proposes building materials consisting of a mix of fiber cement panels, metal panels and aluminum or metal trim. Color renderings of the buildings are attached to this report. The newly adopted standards of the Code require certain articulation of the building. While the Main Street frontage appears to meet the standard, the 300 South frontage does not appear to provide the required articulation at the 25 foot intervals required by Code. As a condition of approval, the applicant shall The plan shows the minimum 10 percent of landscape area; however, a detailed landscape plan will need to be submitted meeting the minimum requirements oft the landscape code. One revision that will be required is to provide a minimum 5 foot wide landscape area along the north east portion of the Storm water will be collected on site in an underground detention facility with excess flows conveyed to the existing storm drain system to the north in Main Street via new storm drain lines installed in the existing soccer field property. Water and sewer will be provided from existing lines in 300 South and Main Street and will include the extension of an 8-inch water line and onsite fire hydrant. Plans have been reviewed by the City Engineer with redline changes required in order to meet City standards and The development is occurring in an area with urban levels ofinfrastructure already in place. Impacts from the development of this property have been anticipated in the design oft the existing storm water, Staff recommends that the Planning Commission forward to the City Council a recommendation of approval for preliminary site plan review for the proposed addition to the existing Alpha Graphics  demonstrate how these standards have been met.  property where the paved area abuts the property line.  obtain final approval.  sewer, and water and transportation system. building subject to the following conditions: 1. Complete any and all redline corrections.  2. Prior to issuance ofbuilding permit, consolidate the two parcels. 3. Show ai minimum 8 foot wide disabled person unloading aisle.  4. Submit a landscape plan prepared by a licensed landscape architect meeting the minimum requirements of Sections 14-16- 104 and 14-16-109. The plan shall also show a minimum 5 foot wide landscape area along the north east portion of the site where parking and drive areas are 5. Demonstrate how the plan meets the standards of section 14-7-112 C. 7. related to required 6. Enter into an agreement with Bountiful City to provide an easement in favor of the subject property owners for the use of the west 10 feet of the soccer field property for the proposed storm Sharon Spratley made a motion that the Planning Commission forward to the City Council a recommendation of approval for a preliminary site plan for Alphagraphics located at 265 S Main and Von Hill seconded the motion. Voting passed 4-0 with Clark, Hill, Monson, and Spratley voting aye.  adjacent to the property line. articulation along the building facades.  water outfall line.  295 S Main with the 6 conditions outlined by staff.  Bountiful City Planning Commission Minutes - August 14, 2018  Page 7of8    8. Consider the approval of the Findings of Fact for an approved sideyard setback and lot width variance in conjunction with an application for subdivision located at 306 W 400 North, Rafael Von Hill made a motion to approve the Findings of Fact as written for an approved sideyard setback Jim Clark seconded the motion. Voting passed 4-0 with Clark, Hill, Monson, and Spratley voting aye. 7. Planning Director's report, review of pending applications and miscellaneous business. 2. Utah APA meeting will bel held at Jordan Commons on October 4 and 5, 2018.  Chavez. Jr, applicant.  and lot width variance in conjunction with an application for subdivision.  1. Next Planning Commission meeting - September 4, 2018.  Chair Monson ascertained there were no other items to discuss. The meeting was adjourned at 7:49  p.m.  Chad Wilkinson, Bountiful City Planner  Bountiful City Planning Commission Minutes - August 14, 2018  Page 8 of8    Commission Staff Report  Item #3 3  Subject: Author: Date: Background  Preliminary and Final PUDI Plat approval Midtown Townhomes PUD City Engineer, Paul Rowland Sept 4, 2018  Address: 83 N.300 East  BOUNTIFUL EST.1847  Mr. Brad Hutchings, owner oft two duplexes at the corner of 300 East and 100 North is requesting preliminary and final PUD conversion approval for these four units. This is an existing two-twin-home style apartment development which is now: requesting tol be condominiumized for ownership purposes. This type of conversion is allowed under the Bountiful City zoning ordinance for developments with four or more units.  Analysis  This development met the requirements for parking and landscaping when it was granted site plan approval and has continued as a legal four unit apartment development ever since. The Bountiful City Zoning Ordinance provides that "any legally existing multi-family evelopment..that does not have vertically: stacked units may be platted as a PUD development regardless ofv whether or not it was developed under current or previous iterations oft the Planned Development Overlay Zone". One oft the requirements for conversion is that the development must have at least 41 units, which this proposal meets.  Department Review  This has been reviewed by the Engineering, Planning and Legal Departments.  ignificantimpacts This change willl have no impacts. Recommended Action with the following conditions:  Recommend preliminary and final PUD plat approval for the Midtown Townhomes PUD  1.  Submit a current' Title Report.  2. Make any and all other redline corrections.  3. Pay the required fees. Attachments  1. Aerial photo showing location of development.  APUD's/Midtown Townhomes PUD Conversion: 2018/PCF Prelim and Final PUD Conversion, Midtown" Townhomes PUD, Sept 2018.docx    2. Plato oft the proposed PUD.  Aerial Photo of the Midtown Townhomes PUD Site  RaAt  JAPUD's/Midtown Townhomes PUD Conversion 2018/PCF Prelim and! Final PUD Conversion, Midtown' Townhomes PUD, Sept 2018.docx    .S1'9012 (buyoag jo SisDg) 3.EZ,11.0N .06SZC naa.47S 15DE 00b naa.47S 7SDJ 008 9Z1  .LYLLE  3,24,00.00N  $6'86 M,49,00.00s  M.44,00.00s  .LON  Ryadau s4a2H 7a100  naa.7S 7SDI 003  naa.47S 75D9 O0L    Commission Staff Report  Item #4  Subject: Author: Date:  Final Site Plan fora 12 unit multifamily development Chad Wilkinson, City Planner September 4, 2018  Address: 105S.100 West Description of Request:  BOUNTIFUL EST.1847  The applicant, Knowlton General, requests final site plan approval fora 12 unit multifamily development located at 105S100 West. Thej property is located within the DN  (Downtown) zone. Background and Analysis:  The project received preliminary site plan review from the Planning Commission on August 14 and preliminary approval from the City Council on. August 28. There were no significant changes required as aj part oft the preliminary approval. The applicant has submitted final landscape plans for the development in order to comply with previous conditions of approval. As discussed in the previous review, the development oft the building requires the use of parking located on the adjacent parcel. Therefore, a condition of approval has been included that requires either the parcels be combined or that an easement or agreement for  shared parking be recorded on the property to the south and east.  Department Review and by the Fire Marshall. Significant Impacts  This proposal has been reviewed by the Engineering, Power, and Planning Departments  The development is occurring in an area with urban levels ofinfrastructure already in place. Impacts from the development oft this property have been anticipated in the design ofthe existing storm water, sewer, and water and transportation system.  Recommended Action  Staffrecommends: that the Planning Commission forward a recommendation ofapproval to the City Council for preliminary site plan review for the proposed 12 unit multifamily  building subject to the following conditions:  1. Prior to issuance oft the building permit, either consolidate the parcels or providea shared parking and access agreement or easement in favor oft the new development.  G:ENGISitel Plans/One: and One- 1055100WCUPIPCI Final Site Plan 1055100W9--18docx    Attachments 1. 2. 3. 4.  Aerial photo Site and utility plans Landscape Plan Building elevations  Aerial Photo BEEE  G:ENGISitel Plans/One and One- 105S100WCUPIPCH Final Site Plan 1055100W9--18doc    (T3SVHN NIVWO GNVH HInOS 1St) X3  OUCNOS        a  0M33N saroua  w  ING        090v91 in edenspuejunoy uosee ANVdWOO  01008. in'nypunog AOOL pueauo SOOL uo3roud  adeospuey  M pOu    Item #3  BOUNTIFUL CITY PLANNING COMMISSION FINDINGS OF FACT AND CONCLUSIONS  APPLICANT:  Jan Rawlins  APPLICATION TYPE: Request for a variance to allow for the building footprint of  accessory structures to exceed 15% of the lot or parcel area. The variance is being requested in order to construct a  detached garage.  I.  DESCRIPTION OF REQUEST:  The applicant, Jan Rawlins, has requested a variance to City Code 14-4-105J.2. b., which will allow for the building footprint of accessory structures existing and proposed to exceed 15% of the lot or parcel area. The purpose of the variance is  too construct a detached garage. The property is in the R-4 zone.  II.  LAND USE ORDINANCE AUTHORITY:  Section 14-2-111 authorizes the Planning Commission as the review body for variance requests related to accessory structure requirements.  III. APPEAL PROCEDURE:  Bountiful City Land Use Ordinance section 14-2-108 states that an applicant, board or officer of the City, or any person adversely affected by a Land Use Authority's decision administering or interpreting a land use ordinance or ruling on a request for a variance may, within fourteen calendar days of the written decision, appeal that decision to the Appeal Authority. No other appeals may be The appeal must be in writing and specifically allege that there is an error in an order, requirement, decision or determination by the Land Use Authority. The appellant shall state every theory of relief that it can raise in District Court.  made to the Appeal Authority.  IV. SUMMARY OF EVIDENCE:  A. The basic facts and criteria regarding this application are contained in the staff report, which is attached as Exhibit A and is incorporated herein. B. The minutes of the public hearing held by the Planning Commission on Tuesday, August 14, 2018 which are attached as Exhibit B summarize the oral testimony presented and are hereby incorporated herein.    V. FINDINGS OF FACT:  Based upon the information presented and oral testimony given at the public hearing the Planning Commission made the following findings: A. The literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out State law states that a hardship cannot be self-imposed or an economic hardship. A variance will not be necessary if compliance is possible with an alteration to proposed plans. With modifications to the size of the proposed garage or existing barn footprints compliance is possible. Therefore, the need for the variance is self-imposed and does not B. There are special circumstances attached to the property that do not  the general purpose of the land use ordinance;  constitute a hardship.  generally apply to other properties in the district;  The lot does have an existing barn that was acquired through a lot line adjustment which is not common among similar properties in the R-4zone. However, the applicant could choose to remove a portion of the barn or to construct a smaller garage without the need for a variance. The lot size and shape are similar to other lots in the zone and the variance is requested not because of a unique circumstance but rather in order to exceed the C. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the district;  maximum lot coverage.  The ability to construct accessory buildings is always constrained by the available square footage of a lot. Other lots in the R-4 zone share this common constraint. Therefore, requiring the applicant to meet the standard footprint for accessory units as required by code does not deprive a D. The variance will not substantially affect the general plan and will not be One of the purposes of limiting building square footage for accessory structures is to ensure that accessory structures do not become the primary use on a lot, and to preserve open space. The code requires that accessory structures should not exceed 15% of the total square footage of the property. Increasing the allowable building footprint and decreasing the  property right that is available to other similar lots.  contrary to the public interest;  amount of open space is contrary to the public interest.    E. The spirit of the land use ordinance is observed and substantial justice is The land use ordinance includes maximum accessory building standards in order to preserve open space and to make sure that accessory structures do not dominate a lot. Approving a variance to these standards isnot consistent with the spirit of the land use ordinance.  done  VI. DECISION AND SUMMARY  The Planning Commission denied the requested variance by a vote of 4-0.  FINDINGS OF FACT APPROVED BY THE Bountiful City Planning Commission  this  day of September, 2018  Sean Monson, Chair  Bountiful City Planning Commission