SOUTH JORDAN CITY
BOARD OF ADJUSTMENT MEETING
March 15, 2006
6:30 P.M.
I WORK SESSION
Present: Chairman – Gary Chandler, Board Members - Frank Wareham, Maria VanDerHeyden, Joe Fullmer, Community Development Director - Brian Preece, Secretary – MaryAnn Dean
Excused: Troy Teeples, Sherry Palmer
Others: Tom and Connie Ballou, Jerry Bracken, Ruth Caruly
A. Roll Call
All those present are listed above.
B. Review of the Agenda
The Board of Adjustments reviewed and discussed the items listed on the agenda.
7:00 P.M.
I GENERAL BUSINESS ITEMS
A. Roll Call
All those present are listed above.
Deputy City Recorder MaryAnn Dean swore in Joe Fullmer, the new Board of Adjustment member.
B. Approval of Agenda
Board Member Wareham made a motion to approve the March 15, 2006 Board of Adjustment agenda, as printed. Board Member VanDerHeyden seconded the motion. The vote was unanimous in favor.
C. Approval of the Minutes of the Meeting held on February 15, 2006.
Board Member VanDerHeyden made a motion to approve the February 15, 2006 Board of Adjustment minutes, as printed. Board Member Wareham seconded the motion. The vote was unanimous in favor.
II ACTION ITEMS
None.
III PUBLIC HEARING ITEMS
A. File # BOA-2006.02, Request for a variance to the City’s Zoning Ordinance for density in the R-1.8/Single-Family Residential Zone, Located at 1099 Shields Lane, John & Celeste Thibeault
Community Development Director Preece reviewed the background information on this item.
Board Member Fullmer asked if this variance is within their jurisdiction? Community Development Director Preece said yes. Board Member Fullmer asked if the proposal meets all requirements of the zone, except the density? Community Development Director Preece said yes.
Chairman Chandler said the Board of Adjustments is required to follow State law in their decision. He reviewed the three conditions that have to be met for an application to be approved.
Chairman Chandler allowed for public comment.
John Thibeault, 1099 Shields Lane, applicant, said in staff’s recommendation it says that any major impacts or concerns by the neighbors will be addressed in a timely manner. He said he is committed to that. He said he will be working with both an engineer and an architect. He said he will make sure that the impact to the neighborhood is minimal.
Board Member Fullmer asked how adherence to the strict letter of this code would cause difficulties or hardship to the applicant?
Mr. Thibeault said putting a second home on the lot does not affect the City’s general plan. If he put a 7-11 or a duplex on the lot, that would effect the City’s plan. He said if he can’t subdivide his lot, that would be a difficulty and a hardship to him. He would like to develop the property. He said there have been 5 homes built in his neighborhood in the last three years. He said he had large animals on the property for many years. They have sold their large animals now.
Board Member Wareham outlined the unreasonable hardships associated with the property that they can consider, according to State law.
Mr. Thibeault said he is not sure what special circumstances would be associated with the property, except that he is 800 sq. ft. short to meet the requirements. He said he would have to acquire an additional 5 ft. of property from his neighbor, which is unavailable. Community Development Director Preece said an example of a special circumstance would be a stream or an easement going through the property that could not be built on.
Mr. Thibeault said other properties close by have done something similar. He said the granting of this variance would allow him substantial enjoyment of his property. He said he also has property rights outlined in the Constitution, if he can meet the City’s codes.
Board Member VanDerHeyden asked which way the new home would face? Mr. Thibeault said they would like to face Chosen Way. That would get them away from Shield’s Lane, and they would get rid of some of the fencing. They would build a home similar to what is there now, and they will install landscaping. He noted that he has lived in this location for 11 years. He said the surrounding subdivisions were there before he moved in. He said he bought the home and lot as it currently exists.
Tom Ballou, 9907 Chosen Way, said he lives directly to the south. Chairman Chandler noted the letter that Mr. Ballou previously submitted (Attachment A). He said his biggest concern is that the area is known to have an underground river. He said some of his neighbors have had problems with flooding. He said he had to put a sump pump at his home because of water and drainage issues. He said he still has flooding problems in his garage. He has also had problems with water in his basement. He said the new home would have to be elevated. If the ground is built up, there is no place for his water to go. He is also concerned about the proposed lot size. He said he wanted a bigger lot and that is why he purchased a ½ acre lot. He said if the proposed lot is subdivided, he will have a home right next to him.
Board Member Wareham asked if Mr. Ballou feels that the drainage issues can be addressed with the engineering? Mr. Ballou said he is not sure how it could be accomplished.
Chairman Chandler said if the variance is granted, they still have to meet the zoning requirements for setbacks, etc.
Mr. Ballou said it seems like when people start moving dirt around in the subdivision, it causes flooding on other lots in the subdivision.
It was noted that the subject property is not part of Mr. Ballou’s subdivision.
Board Member Fullmer asked how the water concerns could be mitigated? Mr. Thibeault said he is not an engineer. He is planning a water retention pond in the back of the subdivision. He said Mr. Ballou’s water is currently going onto his lot.
Mr. Thibeault said his lot is at the low spot; he has never had flooding problems. He said the flooding in Mr. Ballou’s garage is in his RV garage behind his home. He said the irrigation water would affect that. He said he will work with the engineers and his neighbors.
Board Member Wareham asked where the sewer connects? Mr. Thibeault said he believes it connects at Shield’s Lane. He said he can’t have a bathroom in the lower level of his home because of the elevation of the sewer line. He said he has a gravity drain in his basement that functions well. He has a sump pump but has never had to use it.
Board Member Wareham asked if Mr. Thibeault has considered a zone change on this property? Mr. Thibeault said he was told that he had to get the variance first, and then he could go through the zoning process.
Community Development Director Preece said the land use and zoning would have to be changed for this property to allow the lot sizes proposed. He said staff felt that it was unlikely that a zone change would be approved on this lot.
Michael Watts, 9884 S. Chosen Way, said his lot currently has a great view. He said he is also concerned about property values. There are 1/3 acre lots on his side of the street. Having ½ acre lots across the street has a positive effect on their home values.
Board Member Wareham noted that it would be possible for the existing home on the Thibeault property to be destroyed and rebuilt facing Chosen Way.
Carol Riches, 1089 Shields Lane, said she lives next door to the Thibeault’s. She said she has no objections to the proposal. She feels that the Thibeault’s would do everything to make this home fit with the neighborhood.
Sheila Harris, 9923 Chosen Way, said she would like to keep ½ acre lots on their side of the street. She asked if there would still be room for 1/3 acre lots, after the curb and gutter is installed on Shield’s Lane?
Community Development Director Preece said the plan shows the lot size at .34 acre, after the curb and gutter is installed.
Mr. Thibeault said he owns to the center of Shield’s Lane. He is not sure how to rectify that. Community Development Director Preece said the plan shows that the Thibeault’s would dedicate the road, if the subdivision was approved.
Mr. Ballou asked about the plot map? Community Development Director Preece gave Mr. Ballou a copy of the plot map.
Board Member Fullmer said the proposal would not be a significant density increase to what exists in the area. It would not be out of character with the surrounding lots. He said the proposal does not necessarily apply to the conditions that have to be met to grant this variance. He said he does not feel that this proposal violates the spirit of the comprehensive plan. He said he is not sure what rights others would have on their property that this property owner would not have. He said he is not sure that there are special circumstances with this property that would allow the Board to grant the request.
Board Member Wareham said the hardship that has been described is an economic one for the applicant. He said that can not be the sole consideration for a hardship. He said he is not sure of any special circumstances on this property that is different from other property in the area.
Board Member VanDerHeyden said the water issue would be a major one to resolve. The neighbor’s objections are valid. She said the applicant would also have to make sure that there is adequate space if they put a new home between two existing homes.
Mr. Thibeault said the spring is almost 300 ft. away. He said the neighbor with flooding is in the Southwest corner of the street; his home is in the Northeast corner. He is not impacting any spring or well. He said they want to work with the neighbors on their water concerns. He will engineer this correctly.
Mr. Ballou said there have been water problems with many neighbors. He said the underground river runs through their neighborhood, as well as adjacent neighborhoods. He said the proposed settling ponds are a concern to him.
Community Development Director Preece said the water issues would have to be addressed as part of the subdivision planning stage. It is not an issue for the variance.
Chairman Chandler made a motion to deny the variance on the basis that the current situation does not cause any difficulties to the applicant, and the applicant is not being deprived of any privileges that pertain to the zone that they are in, and the applicant is not being deprived of any rights of other properties in the same zone. Board Member Wareham seconded the motion. The vote was unanimous in favor.
It was noted that the applicant could go through the planning process to rezone his property. Community Development Director Preece said the proposal would not meet the R-2.5 zone, as presented. The current proposal would have to try for an R-3 rezoning.
It was further noted that properties within the R-1.8 zone can be smaller than ½ acre, if the overall density for the subdivision can be met.
It was also noted that the applicant could tear down their existing home and rebuild it, facing another direction, if they can meet the City Ordinances.
IV OTHER BUSINESS
A. Calendaring Items
None.
B. Planning Department Matters
None.
V ADJOURNMENT
Board Member Wareham made a motion to adjourn. Board Member VanDerHeyden seconded the motion. The vote was unanimous in favor.
The March 15, 2006 Board of Adjustment meeting adjourned at 8:03 p.m.