SOUTH JORDAN CITY
BOARD OF ADJUSTMENT MEETING
August 15, 2007
Present: Board Member Frank Wareham, Board Member Dan Fallows, Board Member Aleta Taylor, Board Member Troy Teeples, City Planner Greg Schindler, Planner Damir Drozdek, City Recorder Anna West.
Absent: Chairman Gary Chandler
Others: Bob Wright
6:30 P.M.
I. GENERAL BUSINESS ITEMS – 6:30 P.M. CITY COUNCIL CHAMBERS
A. Roll Call
Board Member Troy Teeples opened the meeting and noted that all Board Members were present with the exception of Chairman Gary Chandler.
B. Approval of Agenda
Board Member Fallows motioned to approve the August 15, 2007 Board of Adjustment Agenda as printed. Board Member Wareham seconded the motion. Motion passed unanimously with Chairman Gary Chandler absent.
C. Approval of the Minutes of the Meeting held on May 23, 2007.
Board Member Fallows motioned to approve the May 23, 2007 meeting minutes. Board Member Wareham seconded the motion. Motion passed unanimously with Chairman Gary Chandler absent.
II ACTION ITEMS
None
III PUBLIC HEARING ITEMS
A. File # BOA-2007.03, Request for a variance to Section 12.40.050 Letter “B” and Section 12.040.060 Letter “C” of the South Jordan 1998 Zoning Ordinance pertaining to minimum lot size and side yard setbacks for properties located at approximately 10366 South Alder Grove Circle, Perry Homes, (applicant).
Planner Damir Drozdek reviewed background information on this item. He said the two homes in question are in the Oquirrh Park Subdivision. He said there is an existing home on lot 312 that is almost finished. He said during the building process the footings and foundations were poured over the property lines of lot 311. He said the solution that the applicant is proposing is to realign the property lines which will decrease the property size of lot 311 to below the minimum 10,000 sq. feet required. They will also need to get a variance on the site set-back from the required 8 foot minimum to 6 feet on lot 312.
Planner Drozdek referred to pictures taken of the properties involved and showed the framed home on lot 312.
Board Member Taylor asked Planner Drozdek who the owner is of lot 310 and when was this error discovered. Planner Drozdek said it is still owned by Perry Homes and it was discovered about three months ago.
Board Member Teeples asked what stage of building was the framed home on lot 312 at when this error was discovered. Planner Drozdek said they have not done any further framing work since then.
Board Member Taylor asked when the building plan was approved by the City was the third-car garage already there. Planner Drozdek said the original site-plan inspection that was approved by the City was correct with the right setbacks and within the property lines. He said somehow when the stakes were set up they were put in the wrong place.
Board Member Teeples opened the Public Hearing to comments.
Bob Wright – 12971 S. Summer Harvest Drive (Draper), Division Manager for Perry Homes. Mr. Wright said this became apparent to us when we tried to get a permit for lot 311 and at the time we went to stake out the lot, we realized we were encroaching on the connecting property. He said the builder took the measurements from the second marker to the east running a line from the front of the property to the back of the property. He said originally when lot 312 was approved that house could have slid over approximately 8 to 10 feet to the north side of 312 then there would not have been this problem. He said we, Perry Homes, still owns lot 312 and we are recommending that we will have full disclosure to the new buyers that we have encroached the easement so it makes it easier because we have not sold the lot yet. He said “we have taken a house that we actually want to put on this property that has jogs in it so we can pull the house as far forward as we can and still leave adequate yard in the back”. He said we are asking for a six foot side yard on lot 312 and then when we pass the garage we will go back to the original reference point that the stake should have been taken from so we can try to increase the lot value of 311 back to where it should be at 10,000 square foot minimum.
Mr. Wright said we granted an easement to the City on lot 310 approximately three to four months ago to run a sewer line from the center of the cul-de-sac to put restrooms in the park. He said by doing this it didn’t give us a lot of opportunity to adjust any of the other lines.
Board Member Taylor asked for verification that this is a non-existing home and asked why a smaller footprint home could not be built on the lot. Mr. Wright said if we build a smaller home the existing 25 home owners would be at this meeting.
Board Member Taylor reminded Mr. Wright that they are the ones that have violated City Ordinance and it is up to them to find a way to put the right home on the lot that does not violate the Ordinance. She said the Board is here to decide if you can even build on this lot now.
Board Member Teeples asked what would happen if they were to build over the easement on lot 312. Planner Drozdek said they would need to get authorization from the utility companies. Mr. Wright said he has the permissions from five utility companies already. He gave letter copies to the Board Members.
City Planner Greg Schindler said there is still the setback issue that needs to be addressed.
Board Member Fallows asked why is would be a problem to build a two-car garage instead of a three-car garage. Mr. Wright said the house would not sell in this area with a two-car garage.
Board Member Wareham read the five criteria used to deny a variance. He said this problem has been self-imposed and does not meet the criteria that the Board uses.
Mr. Wright said if the lot is unusable then that is a financial hardship to us. City Planner Schindler said that financial hardships can not be considered as an exception.
Board Member Teeples motioned to close the Public Hearing. Board Member Taylor seconded the motion. Motion passed unanimously with Chairman Gary Chandler absent.
Board Members discussed the two issues they were to decide upon.
B. Potential Action Item (See III.A.)
Board Member Wareham motioned to deny File # BOA-2007.03, Request for a variance to Section 12.40.050 Letter “B” and Section 12.040.060 Letter “C” of the South Jordan 1998 Zoning Ordinance pertaining to minimum lot size and side yard setbacks for properties located at approximately 10366 South Alder Grove Circle, Perry Homes, (applicant). Board Member Taylor seconded the motion. Motion to deny passed unanimously with Chairman Gary Chandler absent.
Reasons for denial: Condition number 1 does not cause an unreasonable hardship and was self imposed.
V OTHER BUSINESS
A. Calendaring Items
None
B. Planning Department Matters
None
Board Member Fallows asked staff for clearer specifics on street addresses so that the property involved is easier to locate.
VI ADJOURNMENT
Board Member Wareham motioned to adjourn. Board Member Teeples seconded the motion. Vote was unanimous in favor to adjourn.
The August 15, 2007 Board of Adjustment meeting adjourned at 7:10 p.m.
This is a true and correct copy of the August 15, 2007 Board of Adjustment meeting minutes, which were approved on October 17, 2007.
South Jordan City Recorder