ADMINISTRATIVE HEARING
The regular administrative hearing for the Salt Lake City Planning Division was held on Tuesday, May 21, 2002 at 5:00 p.m. at the City and County Building, 451 South State Street, in Room 542. Douglas Wheelwright, Deputy Planning Director, was present as the hearing officer and called the meeting to order.
KUNGA Minor Subdivision, an amendment to Lot 11 and Lot 21, a portion of Block 4 of the Gabbott’s Addition Subdivision, by Community Development Corporation of Utah requesting preliminary approval to create one parcel with 7,318 square feet and frontage along Andrew Avenue, and another parcel with 7,710 square feet allotted for an existing single-family dwelling addressed 1500 South Richards Street. The properties to be amended are located in an RMF-35 zoning district. (Staff – Greg Mikolash)
Mark Lundgren and Bruce Quint were present representing Community Development Corporation of Utah.
Hank Louis, Professor of Architect, and several architect students were present to observe the process and support the proposal.
Adrain Gerritsen, 1500 South Richards Street, was also present to support the proposal.
John and Samantha Francis, 70 West Van Buren Avenue, were present to protest the proposal.
Greg Mikolash, Principal Planner, explained that the proposal is an amendment to the Gabbott’s Addition Subdivision. The proposed amendment will create two new lots from three existing lots for the purpose of constructing a new single-family dwelling and providing more land for an existing single-family dwelling with a detached garage. The first lot being created will have 7,320 square feet and the lot with the existing dwelling will have 5,080 square feet. The amendment causes an existing shed to extend beyond the proposed property lines and will be removed. Other buildings next to the lot lines may require meeting building code requirements for firewalls. A three-foot wall along the sidewalk may also need to be removed. Mr. Mikolash noted errors in the notice; the square footage of the lots and the lots that are proposed to be amended are Lots 1, 19 and 20.
Mr. Mikolash reviewed departmental comments. City Engineering noted that curb, gutter and sidewalk exist along Richards Street and Andrew Avenue, but several sidewalk panels are uneven and are required to be repaired or replaced. (Nine panels along Andrews Avenue and one along Richards Street.) A public way permit is required for any improvements in the public way. The plat must also conform to Engineering requirements as shown on the plat checklist that Mr. Mikolash will make available to the Applicants. The Transportation Division noted that no changes are indicated to the existing roadway, curb, gutter, sidewalks and driveway. The amendment indicates using an existing approach. ADA access is provided at the intersection of Richards Street and Andrew Avenue. The Fire Department noted approval for the amendment and Property Management had no comments. Public Utilities noted that comments dated April 24, 2002 must be addressed. The comments are standard requirements such as fees, water and sewer laterals, a fire flow test and identifying the location of fire hydrants. Fire Department approval is required prior to Public Utilities approval. Public Utilities also requires an easement if water and/or sewer services cross into a neighboring property. The property owner and Public Utilities must enter into a mainline extension agreement for the required sanitary sewer main. The drainage impact fee is $343 per quarter acre.
Mr. Mikolash then reviewed the Standards of Approval and upon meeting these standards, the Planning Staff recommends granting preliminary approval of the proposed amendment. The Conditions of Approval are that a building permit only be issued once the amended boundary lines are recorded with the Salt Lake County Recorders Office, the Applicants comply with all City departmental comments and recommendations, and the existing zoning violation be corrected which is the removal of the shed. Mr. Mikolash said that the Applicants may submit building plans for plan review prior to recording the amendment.
Mr. Lundgren noted that they are able to comply with all conditions.
Samantha Francis, Peoples Freeway Community Council Chairperson, requested that the proposed amendment be presented to the Planning Commission.
John Francis explained that the proposed subdivision amendment requires a public hearing process that includes review by the City Council. Mrs. Francis and he request that the proposal be presented to the Planning Commission because the amendment to the subdivision plat is in violation of the standards of development in regards to the subdivision plat. He explained that when people purchase property within a recorded development, they are ensured the densities and any subdivision plat amendment should be heard through the public comment process. Mr. and Mrs. Francis are immediately adjacent to the development. They are also representing the Community Council who expressed concern and confusion with the process. Three notices were sent out and all three have been incorrect. The most current notice delineates the house at 1500 South Richard Street having 7,700 square feet of yard area.
Mr. Quint said that Community Development Corporation has never had any problems with the Peoples Freeway Community Council. Mr. Francis explained that the Community Council does not have a problem with the development, but they have concerns regarding the errors in the notices causing confusion.
THEREFORE, Mr. Wheelwright approved the proposed subdivision amendment.
The Applicants and Staff discussed the protest process. Mr. Lundgren requested that the administrative hearing continue since the proposal meets the standards of approval, and concerns regarding notices be addressed at a different forum so that the project is not delay. Mr. Quint explained that it is Home Owners Week and the month of June is scheduled with ribbon cutting ceremonies and students preparing to start construction.
Mr. Wheelwright said that he will authorize Building Services to accept the plans for plan review purposes and the request will be forwarded to the Planning Commission for their meeting scheduled June 6, 2002. No permits will be issued prior to Planning Commission action. Mr. Wheelwright explained that 80 percent of subdivision amendments have been approved through the administrative hearing process. One or two a year may get protested which are forwarded to the Planning Commission. Anyone wishing to protest an administrative decision must do so in writing within 15 days of the decision. During this time, the decision stands and documents are finalized.
Mr. Lundgren explained that they did not hear anything from the Peoples Freeway Community Council and he wishes to personally speak to Mr. and Mrs. Francis. Mr. Mikolash noted that Staff also did not receive any comments from the Community Council. Mr. Wheelwright explained that if Mr. and Mrs. Francis decide to withdrawn their protest, they must do so in writing because they voiced a protest and the proposal is being forward to the Planning Commission.
There being no further business, the meeting adjourned at 5:22 p.m.