August 10, 2004

Minutes of the Regular Meeting of the Riverdale Planning Commission held Tuesday, August 10, 2004 at 6:30 p.m. at the Riverdale Civic Center.

Members Present:
Greg Limburg, Chair
Brent Coleman
Kathy Eskelsen
Don Farr
Don Hunt
Kathy Tanner

Members Excused:
Allen Miller

Others Present:
Randy Daily, Community Development Administrator
Jan Ukena, City Planner                        
Michelle Douglas, Planning Commission Secretary
Christopher Bingham 
Byron Matthews  
Judd Dare
Bob Merrill 
Frank McDonough                     
Lawrence Franz   

Chair Limburg called the meeting to order and welcomed all those in attendance. He excused Commissioner Miller and acknowledged that all other members were in attendance.  Commissioner Limburg excused Mr. Howard and welcomed Jan Ukena, the City’s new Planner.

Consideration of Minutes

Motion       Commissioner Tanner moved to approve the minutes of the preplanning work session of June 22, 2004 as proposed; and for approval of the regular meeting of June 22, 2004 as proposed; and to waive the reading.  Commissioner Eskelsen seconded the motion; the motion passed unanimously.

Conditional Use Permit / Home Occupation Application

Christopher Bingham – MTP Photos

Mr. Christopher Bingham was present at the meeting to discuss his conditional use permit for a home occupational business license for digital wedding albums. Mr. Bingham lives in an R-3 zone, and he rents the dwelling.  Mr. Bingham submitted a letter of approval from the apartment manager to operate his photography business from his dwelling.

Mr. Bingham explained he would go to photographers, and offer to design wedding albums.  He noted that the process is very time consuming, and many photographers do not have the time to do them.  Mr. Bingham explained that he would utilize Photoshop along with photo restoration. 

Mr. Bingham stated not very many people would come to his dwelling.  He noted if anyone does come, it would only be to drop off photographs; it will not be for an extended period.

Motion       Commissioner Hunt moved to grant the conditional use permit for a home occupation located at 1232 West 4700 South for Christopher Bingham, MTP Photos, as requested.  Commissioner Coleman seconded the motion. The motion passed unanimously.

Macklin Stokes – Stokes Cable

Mr. Stokes was not present at the meeting; no action was taken.

Bryon Matthews – Direct Broadband

Mr. Bryon Matthews was present at the meeting to discuss his conditional use permit for a home occupational business license for wireless internet service. Mr. Matthews lives in an R-2 zone, and he owns the dwelling.

Mr. Matthews informed the Commission that he would not have a storefront; his business is all internet based and over the phone.  He went on to explain that his entire inventory is stored in Ogden, and he will not have any clientele come to the home.

Mr. Daily inquired what the State License Number on his application is.  Mr. Matthews explained that the number is not a State DOPL (Division of Professional licensing) number; the number is his small business registration number.

Discussion followed regarding Mr. Matthews’ business.  Mr. Matthews reiterated that his business is wireless internet services, and he has a repeater in Ogden Peak and a few other repeaters through out Ogden Valley.  He went on to say he installs a dish, which is similar to a DSH dish that is wired into the house.

It was inquired if Mr. Matthews had to be licensed to operate this business or install these particular types of dishes.  Mr. Daily indicated that Mr. Matthews is not regulated by the State; however, the FCC regulates him.

Mr. Judd Dare was present at the meeting with Mr. Matthews; Mr. Dare indicated that they are business partners, and they have another business in Roy.  Mr. Daily clarified that Mr. Dare is not an employee of Mr. Matthews they are business partners.  Mr. Daily went on to explain that Mr. Dare could not work out of Mr. Matthews dwelling.   Mr. Dare indicated that was correct; he and Mr. Matthews are business partners, and this application is so Mr. Matthews can work out of his home.

Motion       Commissioner Coleman moved to grant the conditional use permit for a home occupation located at 4185 South 1000 West for Bryon Matthews, Direct Broadband, as requested.  Commissioner Hunt seconded the motion. The motion passed unanimously.

Subdivision of Pullum Property located at 937 West 4400 South

Mr. Frank McDonough, Mrs. Francis Pulllum’s nephew, was present at the meeting to discuss the subdivision of Mrs. Pulllum’s property located at 937 West 4400 South. Mr. McDonough informed the Commission that he would be representing Mrs. Pullum in the matter and noted that he has power of attorney to act in such capacity.  Mr. McDonough indicated that they would like to quit claim the flag-shaped parcel, which was depicted on the survey that was presented to the Commission. 

Mr. McDonough explained that on the southwest end of the parcel, is metal accessory building, which was constructed at the time the adjacent home was built.  Mr. McDonough went on to say the “stem” portion of property is totally asphalted and was originally a part of the adjacent parcel as well, and the adjacent property owner has right-of-way access to the driveway.

Chair Limburg inquired, for clarification, if the Commission needed to see a copy of Mr. McDonough’s power of attorney for Mrs. Pullum.  Chair Limburg noted that he himself has been in similar situations, and he does not know the legal ramifications.  Mr. Daily indicated that he did not think it would be necessary.

It was inquired what would be accomplished if the property lines were straightened out.  Mr. McDonough indicated that the flag-shaped parcel would become a part of the parcel designated as “old home”.  He went on to say he has been conferring with Great Basin Engineering and Mr. Daily, and they indicated that he needs to quit claim the property to Mr. Lawrence Franz, the adjacent property owner, and then Mr. Franz would come back to the Planning Commission with the metes and bounds to show it as one parcel.  Commissioner Farr inquired why they could not do it at one time or at least have it prepared to have it done at one time so the City knew it would be conveyed immediately.  Mr. McDonough indicated that they did not want to pay for the survey if the City did not approve the subdivision.  Mr. Franz added if he incorporates the flag-shaped parcel first, it could not be quit claimed.

Mr. Daily informed the Commission that the agenda item was represented to him that it would be presented as one lot.  Mr. McDonough explained that is what they are trying to accomplish; however, the easiest way is to quit claim the flag-shaped parcel to Mr. Franz first, then have a legal description completed to create one lot.  Mr. Franz informed the Commission that he may buy Mrs. Pulllum’s home; and if he does, he may bring the flag-shaped portion of the property back into Mrs. Pulllum’s lot.

It was explained that the biggest concern with the subdivision, the way it is being proposed, is subdividing a piece of property that is nonconforming; the Planning Commission cannot not approve a subdivision of property that is nonconforming.   Mr. Daily stated that the proposed subdivision is not what he thought was going to be presented.  What he thought was going to be presented was a subdivision and a conveyance of property based on metes and bounds.

Mr. Daily indicated that the Planning Commission could not move on the subdivision at this point because it is a nonconforming lot.  Mr. Franz pointed out that it was recorded in 1986, and he inquired how Mrs. Pullum was able to do it at that time.  Mr. Daily explained that the County recorded it without City approval even though the City has asked the County not to record things that do not meet the City’s ordinances.

Mr. McDonough explained that he lives in Arizona, and he would like to move ahead with conveying the property to Mr. Franz; however, he questioned if the Planning Commission could approve the subdivision without him being present.   Chair Limburg indicated that Mr. McDonough did not have to be present at any future meeting, but the County would require certain proof that Mr. Franz could record the conveyance of property.

Mr. Daily explained that the City had the adjacent property surveyed, and there is some conflict; the property lines do not match with what is recorded.  Mr. Franz acknowledged that there has been some confusion.    Mr. Daily stated if there are any discrepancies in the recording, the County will not record the metes and bounds.

Commissioner Farr questioned if the Commission could approve the subdivision with the condition the flag lot is eliminated and the property is recorded as one lot with a metes and bounds description.

Motion       Commissioner Farr moved to recommend to the City Council approval of the subdivision of property located at 937 West 4400 South contingent upon satisfaction of the following requirements: the property is surveyed in accordance with a metes and bounds description for one lot, the flag lot is eliminated, and the property boundaries are defined.   Commissioner Tanner seconded the motion.  The motion passed unanimously.

Amendments to Riverside Village Commercial Development Site Plan

Mr. Bob Merrill, owner of the Riverside Village site located at 1140 West Riverdale Road, was present at the meeting to discuss the proposed amendment to the site.  He explained that initially they were going to building the shell with the canopy; however, Washington Mutual decided that they wanted to build their own canopy.

Mr. Merrill went on to explain that the dotted line is just inside the property line, and the two squares show were the two columns will be located, which is just inside the property line.  

Commissioner Tanner expressed that she was confused as to how the drive-up will connect to the building.  She showed Mr. Merrill the sketch the Planning Commission received, which is the sketch that the planning office has on file.  Mr. Merrill pointed out that the drawing he brought with him to the meeting has been slightly modified.  He explained that the interior wall configuration has been changed somewhat to accommodate Washington Mutual so they could have drive-up access.

Commissioner Limburg inquired if Meier and Frank has any problems with the canopy.  Mr. Merrill explained the only problem they had with Meier and Frank was getting the cross access agreement, and they had to do a lot of concessions to get it; such as, reduce the size of their building and sign.

It was inquired if there would be any issues in regards to ice and snow build up, especially since the canopy faces to the north and Meier and Frank right next to the canopy.  Mr. Merrill indicated that there would not be.  He pointed out that the island is right there and the run off would drain into the landscaping, and the edge of the canopy is right on the edge of the island as well.  Mr. Daily added that Meier and Frank is careful about getting the area cleared out too.

Commissioner Tanner inquired if there would be any advertising on the canopy.  Mr. Merrill explained that there would something on the on the wall or on the canopy indicating that there is a drive thru.

Motion:      Commissioner Tanner moved to recommend to the City Council the proposed amendment to Bob Merrill’s Riverside Village site plan as proposed.  Commissioner Eskelsen seconded the motion. The motion passed unanimously.

Final Site Plan Review and Recommendation to the City Council for Carter’s Farm Subdivision, Plat “C”, Phase 5 located at approximately 3875 South 940 West

Final site plan review of the Carter’s Farm Subdivision Phase 5 was removed from the agenda due to engineering issues.

Discretionary Business

There was no discretionary business discussed at this time.

With no further business to come before the Commission at this time, Commissioner Eskelsen moved to adjourn the meeting.  Commissioner Hunt seconded the motion.  The motion passed unanimously. The meeting adjourned at approximately 7:30 p.m.

Attest:                                                                          Approved:  October 12, 2004

______________________________                    ______________________________

Michelle Douglas                                                           Greg Limburg    
Planning Commission Secretary                                     Chair

4600 S. Weber River Dr.
Riverdale, Utah 84405-3764
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