Minutes of Oak City Town Planning and Zoning Work Meeting
Held November 15, 2023
The meeting was held at the Oak City Town Hall located 30 West Center beginning at 7:00 p.m. in the Conference Room.
TOWN OFFICIALS OTHERS
Commission Chair Dave Spence Jon Finlinson
Member Peggy Kooyman O J Finlinson
Member Camron Nielson Nathan and Anna Henderson
Member Dylan Finlinson Chris and Rand Prince
Mayor Shim Callister
Secretary Karen K. Lovell
The following agenda items were considered:
A. Invocation. The invocation was given by Camron.
B. Adopt Agenda.
Dylan moved, seconded by Camron, to adopt the agenda as written. Roll Call Vote: Commission Chair Dave-Aye. Peggy-Aye. Dylan-Aye. Camron-Aye.
C. Adopt Minutes of Planning and Zoning Commission Meeting Work
Meeting held Wednesday, September 20, 2023.
Dylan moved, seconded by Camron, to adopt the Minutes as written. Roll Call Vote: Commission Chair-Dave-Aye. Peggy-Aye. Dylan-Aye. Camron-Aye.
D. Discuss Building Permit for 160 South 170 West-Chris Prince. Chris stated that he had been to the County and they signed off on their part of the building permit but then he found that the proposed location of his house won't meet the Town's 40 ft. rear yard setback requirement. He was wondering if there is anything that can be done.
He showed his father's house plan which would give a 24 ft. setback with the 14 ft. easement. The Commission Members looked at this and asked Chris a few questions. The house would encroach on the 40 ft. setback by 14 ft. The Mayor mentioned that if there was a current easement on the property, it should be recorded somewhere. Camron suggested finding out what the easement is for before making a decision on the Permit. If it is an irrigation easement and there is some pipe that goes underground, there might be an issue but need to find out for sure what is going on with the easement. The Planning and Zoning Commission voted unanimously to make a recommendation to the Board of Adjustments, that a variance be granted on the Permit as long as the easement is figured out okay. Shim will look into the easement. This will go before the Board of Adjustments with the recommendation from the Planning and Zoning Commission. Dave will plan on attending the Board of Adjustment meeting. During the Meeting, O J Finlinson made a phone call to check on the easement and found that it is no longer an issue but Shim will make sure on this.
E. Discuss Zone Change from Agricultural to RR-1 at approx. 200 West Center-O J Finlinson. O J presented a map of his property to Dave. He bought a 2.4 Acre lot in a 4 Acre Zone located near Lover's Lane and he would like to change the zoning in order to get the property out of the Green Belt 4 Acre lot size into a RR-1 Zone which would allow him to build on a smaller lot. He pointed out that he would prefer the smaller lots as the properties are easier to maintain also.
Dylan said there are RR-2 and RR-1 lots adjacent to O J's property.
Shim, stated that making this Zone change would make it so the Lovers Lane road, in that section, would potentially have to be asphalted.
O J stated that he and the other property owner on Lover's Lane, Sam Nielson, have discussed things and Sam didn't mind the change as long as O J would pay for all the costs the change would necessitate, such as needing to put in more pipe, and adding a possible 20 more feet of road width which O J would take out of his property.
Shim said the road issues would all be out during the subdividing of the property.
Dave suggested waiting till next meeting to make any decisions on this issue so that absent Commission Member, Kendall Dewsnup, would be able to voice his thoughts on the issues.
Camron felt to stay with the 1 Acre lots instead of going with .4 Acre lots. The smaller lots could make it difficult for the Town to provide services, especially water. Dave stated that he would be okay with the .4 Acre lots.
Further discussion on this Item will be tabled until the December Planning and Zoning Meeting.
F. Continue Discussion of Possible Changes to Oak City Town Code Allowing
RVs to be Lived in as a Conditional Use-Jake Nielson. Jake was not in attendance but he had told the Mayor he is still interested in doing this.
A couple of the stipulations the Planning and Zoning had come up with for this was that the utilities for the RV would need to be in the property owner's name. The Condition Use would expire in one year or have to be renewed. Dave will put together a list of all the stipulations the Planning and Zoning discussed and e-mail the list to all the Committee Members.
G. Miscellaneous.
Mayor Callister,
The Mayor explained that Dylan had quickly mentioned Jon's proposal last month. Jon presented maps to the Commission Members. This is a subdivision and is going before the County for approval but it would be within the city limits. He will be the one responsible to make sure the roads and utilities are put in. The road easement has entirely been put in Jon's name and he will turn the road over to the city. At some point his son, Commission Member Dylan Finlinson, wants to put a house in the area. Scott Fuller will be helping with some of the costs of the road and utilities.
Camron said he had no issues. Shim pointed out that the new proposed road goes along one corner of Caleb's property and he is totally against it due to the amount of traffic it would bring. Jon said this issue has been addressed as he is making sure the road is moved over to his side of the road.
Camron and Peggy showed concern with how much traffic would be using the road and there would be no turn around option. The Planning and Zoning Commission felt unanimously, excluding Dylan who due to conflict of interest had not participated in the discussions, to recommend to the Town Council that Jon's Subdivision be approved upon the contingency that Caleb's concerns be address and a turn around included in the road. However, no vote could be taken on this item as it had not been on the Agenda for discussion at this meeting. Therefore, this item will be placed on the Agenda for discussion at the December Planning and Zoning Meeting.
Nathan Henderson was given time to state his reason for attending the meeting. He has been looking at the Habitable Accessory Structure regulations and wondered if there would still be a way to place one on his property. He understood if he did so, it would not fit the setback requirements but he felt that the setbacks were in place to allow access to property for fire vehicles. He felt he would have enough room with the setbacks he would have in place, for this. He would even be willing to put in a fire wall to help mitigate fire suppression. One issue with Nathan's proposed placement of the structure would be that it would connect to his shed/garage with a common driveway. Nathan would plan on putting a smaller septic tank in and he knew he might need to contact the County Health Department on this. Nathan and Anna left the meeting at this time knowing that where this item was not on the Agenda for discussion at this meeting, it would be placed on the Agenda for discussion at the December Planning and Zoning Meeting.
The Council discussed the item a little further at this time. The Commission didn't like the idea that the house and the accessory structure would be connected by a common driveway.
The Commission had issues with allowing Nathan to do it and setting a precedent for others to do it and also wondered if he sells it then, the new owner could do what he wanted with the unit. Shim stated that the Town would need to make sure it was exactly what it went in as and not allowed to become something else like housing for many parties.
H. Adjournment.
Commission Chair Spence adjourned the meeting at 8;30 p.m.
Submitted by:
--------------------------------- Approved By, -----------------------------------
¬¬¬¬¬¬¬¬¬¬¬¬¬Karen K. Lovell, Secretary Dave Spence, Chairperson