Deweyville Town Planning and Zoning Commission

Meeting Minutes

Deweyville Town Hall

7:00 P.M., Thursday April 7, 2011

Attendance:       Nate Spackman                                                Todd Bingham, Council

member Rep
      Dale Meservy                                      Tracie Williams Town Clerk

                      Joe Kliger                                            Sherie Goring, Town Council

                           Dale Marble                                    Shauna Wright –Arrived at 7:20 p.m.


Visitors:  Brad and Lisa Burbank, Tiffany and Pablo Catalan, Ilene and Allen Lish, Wayne Wright, Brent Craven came in at 7:13 p.m. and left at 7:15 p.m.   Howard Healey arrived at 7:30 p.m 

1.       Welcome:  Nathan Spackman Chair:  Nathan Spackman brought meeting to order with Dale Meservy giving the opening prayer and himself leading the Pledge of Allegiance.  

2.       Approval of Planning Commission Meeting Minutes:

December 2, 2010

January 6, 2011

March 17, 2011  


MOTION:   Joe Kliger made a motion to approve the minutes as written for December 2, 2010, January 6, 2011 and March 17, 2011.  Dale Meservy seconded the motion.  Motion passes unanimously. 

                Aye Votes:          Nathan Spackman, Chair               Joe Kliger

                                                Dale Meservy                            Dale Marble

                Absent:   Shauna Wright was absent at this motion   

3.       Brad and Lisa Burbank Possible Approval of new Residential Building:  Nathan Spackman said it looks good but had one question for the side of the house, it is for the width of house (92 feet is the width of house).   It will be 200 feet back and 30 feet from the south side property line.  The septic will be going in the front of the house.  Perk test was done and septic plan was approved by the health department.  They will need to get a letter from UDOT to be able to use the north road for their driveway access.  Mr. Burbank still has to get Fire Marshall approval from Honeyville.  Nathan Spackman said that he would like to see a drawing of the house dimensions and setbacks and then bring them back for the Planning Commission to see  

There was a discussion about the driveway access for the McMurdie Subdivision.  Mr. McMurdie was going to finish the south driveway for lots 3 and 4 when those lots were sold so that he can still farm the property.  The driveway ends at the north lot and south lot, so it cuts through the front yards of the middle two lots (lots #2&3)  It was discussed to do a findings resolution to pass on to the Town Council for Burbanks approval. 


MOTION:   Dale Meservy made a motion to approve site plan.  Joe Kliger seconded the motion.  Motion passes unanimously.  

 Aye Votes:         Nathan Spackman, Chair               Joe Kliger

Dale Meservy                                    Dale Marble

Abstained Vote:   Shauna Wright – abstained because she was not in attendance for most of this discussion. 

It was discussed that UDOT access approval is needed and Council member Bingham will need to be contacted to approve building stakes before they start digging.  Mr. and Mrs. Burbank dismissed themselves at 8:33 p.m 

4.       Howard Healey – Preliminary Approval to build garage:  Mr. Healey’s property is located on the corner of 10185 N. Hwy 38 and 10200 N.  He showed building plans and has setbacks for the front be 30 feet from property line (on 10200 N.) He has existing horse shed which will need to be 15 feet away from the new garage.  The garage will be 36x30.  He will eventually heat and wire for electricity but for now he plans to build the frame.  He will eventually want to have a bathroom in it go to his existing septic system and was told to contact Mike Rhodes from the health department for septic approval.  He was given a Planning and Zoning application and building permit to take to Steve Bench (building inspector).   Mr. Healey dismissed himself after discussion. 

MOTION:  Joe Kliger made a motion to approve the site plan for Howard Healey’s garage.  Dale Marble seconded the motion.  Motion passes unanimously.

                Aye Votes:          Nathan Spackman, Chair               Joe Kliger

                                                Shauna Wright                           Dale Marble

                                                Dale Meservy


5.       Lisa Naef Conditional Use Permit for Home Occupation:  Was unable to attend 

6.       Tiffany and Pablo Catalan Possible Approval of New Residential Building (Pending UDOT approval):  Mrs. Catalan has UDOT approval.  Nathan Spackman told her that she needs site plan survey to show where property lines are.  She will need a mylar map drawn up and get signatures.  She will need Honeyville Fire to sign for fire marshal approval and Mike Rhodes from the health department will need to do a perk test for septic approval.  Mrs. Catalan was given information about building and she paid her $50 for Planning Commission application.  They will need to be on the agenda for next month in May.  Mr. and Mrs. Catalan dismissed themselves after this discussion 

7.       Shauna and Wayne Wright Conditional Use Permit for Home Occupation:  Shauna Wright discussed that True North Garden Design has been established and they would like to add a nursery.  It was established in 2004 and was told in 2003 that she did not need a license because the Town, at that time, did not have provisions for businesses and was told verbally to go ahead.  She now wants to sell trees and shrubs.  She currently has trees and shrubs at her house in pots so that they can acclimate to this climate.  These plants are currently sitting in their driveway and they have no plans on growing plants themselves.  They may put things closer to highway 38 so that they can be seen, but will need to get UDOT approval first.  They may need a sign in the future to advertise but for now business will be word of mouth.   No extra water will be used to water the trees since they will use water from their existing pond.  They have room for several cars in their driveway.  Large deliveries will come directly from the supplier and will deliver it.  They will be getting sales tax. 

Mr. and Mrs. Lish have some concerns that the business might get bigger and the traffic will be bad with a 20 ft wide road.  They also don’t want people turning around in their driveway.  They own the road.  It was explained to them that this is a home occupation and not a commercial business.  It was explained to the Lish’s that this will not have an impact on the neighbors and that the neighbors will have to be notified about this.  Mr. Lish does not want to be burdened with the traffic.  Shauna Wright explained that she has a circle driveway so that the big trucks can use it.  She has a right of way for that access.  It is a private road that every property owner on this road has a right of way.  Mr. Lish is concerned about break in’s and thievery.  He did not want to be forced in to this business.  Nathan Spackman explained that the Conditional Use has conditions on it so that it does not affect the neighbors and this business cannot be a commercial business without a rezone.   Lish’s left at 8:15 p.m.  

Council member Goring suggested informing neighbors within 1,000 feet from the perimeter of the business which is explained the zoning ordinance.  One condition would be that this is not open to the general public, and that the people have to call and make an appointment to come and buy trees.  It was suggested to put in the Conditional Use Permit that Mr. Wright will maintain the road; he said that he volunteered to help with the road early on.  Mrs. Wright explained that she does not want to be a bad neighbor.  

The response times for the letters that are sent out to the neighbors are 10 days.  The Town would have to let people know when the Conditional Use Permit was approved.   The Wrights would have to supply the self addressed envelopes. 

Next step:  Mrs. Wright will have to bring the self addressed envelopes and watch for traffic.  The conditions and guidelines will need to be written up.  Mrs. Wright was permitted to have parking for three cars from an earlier Conditional Use Permit that was granted to her in 2006 

Information about Conditional Use Permits is located in Chapter 3.12 of the Zoning book  

8.       Adjourn:  8:45


Approved:  ____May 5, 2011__________        Town Clerk:  ________________________

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