Amalga Planning and Zoning Minutes
February 5, 2025
7:00 PM
6590 N 2400 W
Amalga, Utah
Visitors: Casey Jeppesen, Howard Kunz, Ken Allsop, Sid Munk, Mayor Dave Wood, Garth Gnehm, Raylene Gnehm, Doug Hansen, Richard Sanders, Braden Munk
Commission Members: Judy Downs, Chair, April Hansen, Kelly Noble, Mike Diehl, Dave Lee Secretary.
1. Minutes of January 2, 2025 were approved with a correction in the Public Hearing portion: Bottom of page 1: 'This was a mandated from the State', should read 'This was a mandate from the State'.
Motion to Approve with correction-Kelly Noble
Second-Mike Diehl
Motion Carried
2. Home Occupation Application from Casey Jeppesen at 6285 N 2400 W for a 3-D printer operation from his home. All business will be on the internet.
Motion to Approve-Mike Diehl
Second-Judy Downs
Motion Carried
3. Zoning Clearance application for a storage shed and hay shed from Sid Munk. Sid told the board that the property line needed to be changed and that hadn't happened. This item will be presented again after the deed has been changed to show new property lines.
Motion to table-Judy Downs
Second-Mike Diehl
Motion Carried
Rebuilding the mobile home that had to be torn down because meth was being cooked was also included on this item. There was some confusion with the conversations with the County. Both Sid and Judy had spoken with people at the County and received different directions. It was determined a Zoning Clearance from P&Z would enable Sid to get the Building Permit that is needed to finish the project.
Motion to Approve-Mike Diehl
Second-Judy Downs
Motion Carried
Sid Munk want to put in a portable scale to weigh farm trucks. This scale would be located quite close to the road. Safety of driving trucks off 2400 West and then back on was the biggest concern. The speed limit has been reduced to 30 MPH in that area. Sid will talk with UDOT and see what they say. Sid would like to have members look at the scale over at DFA. Is this a structure?
Motion to table-Judy Downs
Second-April Hansen
4. A Petition for Zone Change or Code Amendment from Howard Kunz, Ken Allsop, and Sid Munk. A copy of the original Code and the Amended Code is attached.
Original Code
3.16 Accessory Apartments within Residential Dwellings (rev. 6-13-07)
Any request for single accessory apartment such as basement, attic or garage apartment within a residential dwelling must be reviewed and approved by the Planning and Zoning Commission. A single-family, owner occupied dwelling may have one single-family accessory apartment within the dwelling. A single Accessory Apartment within a residential dwelling is a permitted use in all zones, however, the following criteria must be established to the satisfaction of the planning and Zoning Commission prior to Zoning clearance issuance or the use shall become conditional, and a conditional use permit shall be required.
3.16.1 Size
The maximum size for a single accessory apartment shall be 1000 square feet. This amount shall be included in the total square footage calculations for the single-family owner occupied residential dwelling where it is to be located.
3.16.2 Ownership of the Residential Dwelling
The primary residential dwelling of any single-family home containing an accessory apartment must be occupied by the owner of the home. If the primary dwelling has been rented, leased, or loaned to another single family, or other legally authorized tenant under this code, then the accessory apartment may not be independently rented or leased. Chapter 3 Supplementary Regulations Page 3-9
3.16.3 Parking
One on-site parking space shall be provided in addition to the underlying parking requirements for the zone.
3.16.4 Single Utility Meters
The main dwelling and the accessory apartment shall be on the same utility meters.
3.16.5 Building and Fire Code
The structure and/or improvements must meet International Building Code regulations as well as any Fire Codes in effect.
Code Section With Changes Highlighted
3.16 Accessory Apartments within Residential Dwellings (rev. 6-13-07)
Any request for single accessory apartment such as basement, attic, garage apartment within a residential dwelling, or accessory building must be reviewed and approved by the Planning and Zoning Commission. A single-family, owner occupied dwelling may have one single-family accessory apartment within the dwelling or within an accessory building. A single Accessory Apartment within a residential dwelling or within an accessory building is a permitted use in all zones, however, the following criteria must be established to the satisfaction of the planning and Zoning Commission prior to Zoning clearance issuance or the use shall become conditional, and a conditional use permit shall be required.
3.16.1 Size
The maximum size for a single accessory apartment shall be 1200 square feet. This amount shall be included in the total square footage calculations for the single-family owner occupied residential dwelling where it is to be located.
3.16.2 Ownership of the Residential Dwelling
The primary residential dwelling of any single-family home containing an accessory apartment or property containing a dwelling within an accessory building must be occupied by the owner of the home. If the primary dwelling has been rented, leased, or loaned to another single family, or other legally authorized tenant under this code, then the accessory apartment may not be independently rented or leased.
3.16.3 Parking
One on-site parking space shall be provided in addition to the underlying parking requirements for the zone.
3.16.4 Single Utility Meters
The main dwelling and the accessory apartment or accessory building shall be on the same utility meters.
3.16.5 Building and Fire Code
The structure and/or improvements must meet International Building Code regulations as well as any Fire Codes in effect.
There was a brief discussion about this proposal, but it was decided that this was a Petition for Zone Change or Code Amendment and that the Commission's role was to review the application and move it on to a Public Hearing.
Secretary Dave Lee felt there needed to be clarification that only one accessory dwelling with an apartment is allowed per lot.
Sid Munk also presented a code change. His involved housing for bonafide farm workers. A copy of his desired amendment is also attached:
7.3.2(F)
Agriculture related activities and structures. Such building shall be located to the rear of dwellings.
Existing buildings with no more than 1200 square feet of living space may be occupied by a bonafide farm worker (average 40 hours per week per calendar year).
Providing that:
- The facility passes a county inspection.
- The facility has its own culinary water meter.
- The facility has its own natural gas meter.
- The facility has its own electrical meter
- The facility has its own septic tank and drain line.
The facility gets a $25.00 conditional use permit which is valid for 5 years with renewal.
Secretary Dave Lee felt there needed to be clarification that only one accessory dwelling with an apartment is allowed per lot.
After further discussion it was decided to have the Howard Kunz/Ken Allsop petition separated from the Sid Munk petition. It was felt that the items were enough different that it warranted two separate petitions. It was also agreed to have both petitions presented at the next P&Z meeting in March. A public hearing will be scheduled for April to include both of these items.
Motion to table-April Hansen
Second-Judy Downs
Motion Carried
5. Discuss with Garth Gnehm and Raylene Gnehm about building on the Rick Fonnesbeck property. They want to build on the eastern edge of the property. Several questions arose:
The house would have numerous farm buildings to the west between it and 2400 West.
Mr. Gnehm is going to have the property lines surveyed to make sure he has enough frontage for two lots. GIS shows approximately 270-280 feet of frontage. He would need 300 feet to create two lots, as the Fonnesbeck home is located there also. He also has frontage to the south on the other side of the Hansen Dairy. He spoke about putting in a road across that area, but it brings up the question of flag lots, which our code prohibits. Mr. Gnehm was also advised not to do any dividing or property or any work until the situation is resolved.
There is much to be considered here and many questions to be answered. Judy is going to contact the Town Attorney for more information.
6. Code Violations
Richard Sanders attended the meeting and the Building Permits he was issued when he built the apartment for April were presented to the board. In researching our minutes, Secretary Dave Lee could find no paper work from the years involved. Zoning Clearance had obviously been cleared as Building Permits would not have been issued without them.
The permits issued then did require a walkway from the apartment to what was then a trailer.
The apartment Alex is living in is another issue. There is no approval for that.
A Conditional Use permit was discussed. Although the Commission does not Conditional Use Permits, it was thought that in this case it might be the best path to a solution. Secretary Dave Lee said he would help Richard with the process.
Discussion only.
Secretary Dave Lee passed on some of the information about .gov emails that will be coming, and told members not to advise people when asked about what to do with zoning, but refer them to the book, and to get on the agenda for a meeting.
7. Because of the late hour it was decided to table items 6, 7, and 8 on the agenda until next meeting.
Motion to table-Judy Downs
Second-Mike Diehl
Motion Carried
Motion to Adjourn-April Hansen
Second-Mike Diehl
Motion Carried
Meeting Adjourned 9:30 PM
*MINUTES ARE NOT OFFICIAL UNTIL APPROVED
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Dave Lee@435-881-0552.