SOUTH JORDAN CITY
BOARD OF ADJUSTMENT MEETING
October 17, 2007
Present: Chairman Gary Chandler, Board Member Frank Wareham, Board Member Dan Fallows, Board Member Aleta Taylor, Board Member Troy Teeples, City Planner Greg Schindler, Planner Damir Drozdek, Planner Brad Sanderson, City Recorder Anna West.
Others: Duane Smith – Ultradent, Colleen Thompson, Alan Maher, Tad Griffin, Leah Earl, Marjean & Richard Nielson.
6:30 P.M.
I. GENERAL BUSINESS ITEMS
A. Roll Call
Chairman Chandler welcomed everyone present and noted that all Board Members are present.
B. Approval of Agenda
Board Member Aleta Taylor motioned to approve the October 17, 2007 Board of Adjustments Agenda. Board Member Troy Teeples seconded the motion. Motion passes unanimously, with no one opposed.
C. Approval of the Minutes of the Meeting held on August 15, 2007.
Board Member Frank Wareham motioned to approve the Meeting Minutes of August 15, 2007. Board Member Dan Fallows seconded the motion. Motion passes unanimously, with no one opposed.
II ACTION ITEMS
None
Chairman Chandler addressed the audience informing them that the Board does not make recommendations to City Council and is not here to make recommendations on how the applicant(s) should solve their problems. He reviewed the conditions the Board uses and should be met in order to consider approving a variance.
III PUBLIC HEARING ITEMS
A. File # BOA-2007.04, Request for a variance to Section 17.40.140 Letter “D” of the South Jordan Zoning Ordinance pertaining to front yard fencing for a property located at 4356 West Lennox Drive, Tad and Lori Griffin, (applicants).
Chairman Chandler reviewed the appeal background information and then opened the Public Hearing.
Tad Griffin, 4356 West Lennox Drive (applicant), said they have not backyard and only have the side yard to use. They are trying to fence in the side yard to have some privacy.
Colleen Thompson, 9391 S Teton Estates Dr. West Jordan, said she lives on the North East side of the Griffins. She said she has concerns regarding their fence blocking her view of vehicles that would be coming around the corner. She said the Kalovicks were not able to be here tonight. She said they also would have the same problem with having their view blocked from traffic.
Leah Earl, 4368 Lennox Dr. South Jordan, said she lives South West of the Griffins and was surprised that the builders Ron Thorne was able to build on that property with no back yard. She said the Griffins have a beautiful front yard and take very good care of their yard. She said she doesn’t think the fence would cause any sight problems. She said she and her husband both support approval of the variance.
Chairman Chandler invited Mr. Griffin back up to answer additional questions. He asked City Planner Greg Schindler if the house is in violation of code. City Planner Schindler said no.
Board Member Aleta Taylor asked Mr. Griffin what kind of fence is there along the back property line and what kind of fence are you proposing to put in.
Mr. Griffin said there is currently a wood fence. He said he wants to install a semi-privacy vinyl fence. He described various trees and rocks that are currently in the park strip.
Lori Griffin, 4356 Lennox Dr. (applicant), said they just want a safe place for their children to play and this is the only area in their yard they can use. She said she did not think the fence would obstruct any of the neighbors view.
Colleen Thompson repeated her concerns for safety when vehicles coming at high speeds around the corner. She said it is already difficult to see them and the fence would further obstruct their view.
Board Member Frank Wareham said he does not think the Kalovick’s vision will be obstructed either way.
Board Member Aleta Taylor said she thinks that because the City approved the lot she feels that they should also approve the variance so these people can enjoy their side yard as other homeowners do their backyards.
Board Member Teeples said he feels the variance does not meet the criteria. He said he drove the street and thinks that any additional blockage would not be a good thing in this area.
Chairman Chandler closed the Public Hearing at this time.
Board Member Aleta said she would like to make a motion to approve the variance. Board member Dan Fallows seconded the motion.
Board Members continued discussing each of their reasons for either approving or denying the variance.
Chairman Chandler said they can not consider economic or self imposed problems and suggested they go back and readdress the original motion and take a roll call vote.
Board Member Aleta Taylor motioned to approve File # BOA-2007.04, Request for a variance to Section 17.40.140 Letter “D” of the South Jordan Zoning Ordinance pertaining to front yard fencing for a property located at 4356 West Lennox Drive, Tad and Lori Griffin, (applicants). Board Member Dan Fallows seconded the motion. Motion passes three to two with Chairman Gary Chandler and Board Member Troy Teeples against.
B. File # BOA-2007.05, Request for a variance too Section 17.68.090 Letters “B” & “D” of the South Jordan Zoning Ordinance pertaining to rear and side yard setbacks on property located approximately at 10138 South 400 West, Adam Maher, (applicant).
Planner Brad Sanderson reviewed background information on this item. He said the new proposed building is a two-story office building. He said they are asking for a variance on the north and west sides of the property. He said the property is not square in shape and limits their ability to meet the current setback requirements.
Board Member Frank Wareham asked if there were any conditions given on the previous variance on the property.
City Planner Greg Schindler said there was not a previous variance.
Chairman Chandler opened the Public Hearing at this point.
Adam Maher, 5125 W 2100 S WVC (applicant), said they are asking that the City grant the variance due to the difficult requirements being imposed upon them by their neighbors UP&L. He said the constraints being imposed by the power company affects their ability to place parking on the property.
Chairman Chandler said the corridor in question was already owned by the Power Co.
Board Member Frank Wareham asked if the adjoining property could be zoned residential in the future.
City Planner Greg Schindler said no, there would not be residential zoned in the area. He said there is no way to tell what the property would be until the owners develop it.
Board Member Aleta Taylor asked about the canal and will it stay in its current location.
City Planner Schindler said yes, it will stay where it is. He said it is a very small ditch.
Board Member Aleta Taylor asked for clarification of the sliver parcel and who is the owner.
Planner Brad Sanderson said the property is owned by Ultradent and this piece of property can not be considered in as part of the buffer.
Board Member Chandler asked Mr. Maher if the parking meets the code.
Mr. Maher said yes it meets code.
Chairman Chandler asked why not move the building out 14 more feet to the east to meet the set-back requirements.
Board Member Wareham said it looks like the applicant is trying to put too much on this piece of property.
Mr. Maher said the nature of their business requires them to have more parking available than most.
Chairman Chandler asked if there was anyone else to speak on this issue.
Board Members discussed cross access, parking constrictions and future development in the property area.
Chairman Chandler asked Mr. Maher to clarify for the Board why they should grant a variance for a plan that meets his individual needs when he could change the plans to meet the City’s ordinances.
Mr. Maher said he has had his business in South Jordan for a long time. He said he would like to re-locate it here to stay in South Jordan. He said they have had to deal with so many demands and requirements by the neighboring power Company that has put difficult restrictions on their ability to fit their needs for a two story buiding and the required parking on the property.
Richard Nielson, 561 West 10000 South, SJC, said he owns the property to the west and has a number of concerns. He said we are contemplating developing our property. He talked about the strip of land owned by Ultradent and said he is not sure what they intend to do with that piece. He said the property is collecting a lot of trash, weeds and debris branches from the globe willow trees. He said this creates a fire hazard when burning the ditches.
Board Member Aleta Taylor asked if the ditches are active and will they remain there.
Mr. Nielson said yes they are active. They supply water to 30 acres of property.
Duane Smith, Ultradent Products – 505 W. 10200 S. SJC, said the access was only temporary. He said we own the property to the east and are getting ready to develop it.
Board Member Aleta Taylor asked Mr. Smith if Ultradent is trying to restrict access.
Mr. Smith said no, we just wanted to state that the access was temporary.
Chairman Chandler closed the Public Hearing at this time.
Board Member Teeples said he feels that the Power Company has presented a hardship to
Mr. Maher.
Board Members continued discussing their reasons for approving or denying the variance.
Chairman Chandler said he thinks that the Board is being asked to grant a variance for something that was self imposed by the applicant.
Board Member Aleta Taylor said she agrees with Chairman Chandler. She said the building plans are just too big for the property.
Board Member Dan Fallows said he feels the unique circumstances of this property justifies granting the variance. He said at least they should grant the variance on the west side of the property. Board Member Troy Teeples said he would second the motion. Roll Call Vote. Motion failed 3 to 2. Board Members Fallows and Teeples approve and Board Members Chandler, Taylor and Wareham against.
Board Member Troy Teeples motioned to grant the variance on the North side of the property. Board Member Fallows seconded the motion. Motion passes 3 to 2 with Board Members Troy Teeples, Dan Fallows and Aleta Taylor to approve, and Chairman Chandler and Board Member Frank Wareham against.
V OTHER BUSINESS
A. Calendaring Items
None
B. Planning Department Matters
None
VI ADJOURNMENT
Board Member Frank Wareham motioned to adjourn the October 17, 2007 Board of Adjustments meeting. Board Member Dan Fallows seconded the motion. Vote was unanimous with no one opposed.
The October 17, 2007 Board of Adjustment meeting officially adjourned at 8:15 pm.
This is a true and correct copy of the October 17, 2007 Board of Adjustment meeting minutes, which were approved on November 21, 2007.
South Jordan City Recorder