Amalga Planning and Zoning Minutes
March 5, 2025
7:00 PM
6590 N 2400 W
Amalga, Utah
Visitors: Richard Sanders, Tad Speakerman, John Clark, Nate Noyes, Mayor Dave Wood, Howard Kunz, Ken Allsop, Sid Munk, Jaymond Brough
Commission Members: Judy Downs, Chair. Mike Diehl, Kelly Noble, April Hansen, Members. Dave Lee Secretary
1. Minutes of February 5, 2025 were approved with corrections: Item #3, Sid Munk 'wants'.
Item #5, Mr. Gnehm was also advised not to do any dividing 'of' property.
Item #6, Although the Commission does not 'often use, and does not like' Conditional Use Permits,
Motion to approve with corrections-Judy Downs
Second-Mike Diehl
Motion Carried
2. Application for Petition for Zone Change or Code Amendment submitted by Howard Kunz and Ken Allsop. The change to the code would allow Accessory Dwelling Units (ADU). Attached is a copy of the changes proposed.
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 one accessory building. A single Accessory Apartment within a residential dwelling or within one 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.
Motion to accept the Petition and move it on to a Public Hearing-Mike Diehl
Second-April Hansen
Motion Carried
3. Application for Petition For Zone Change Or Code Amendment submitted by Sid Munk. The change to the code would change 8.1 Mobile Homes to include Accessory Buildings Improved for Residential Farm Use.
Attached is a copy of the changes proposed. Changes are underlined.
8.1 Occupation of Mobile Homes and Accessory Buildings Improve for Residential Use
Use of Mobile Homes and Accessory Buildings Improved for residential Use: A mobile home or an accessory building improved for residential use may be approved as a conditional use in zones
Residential Agricultural, Residential, and Residential-Mixed use, but strictly and only under the following conditions:
1. To provide a temporary residence for an individual and that individual's family on the construction site during the course of construction of an approved permanent dwelling by or for that individual provided that the mobile home or accessory building improved for the residential use be removed or no longer occupied as a residential dwelling within 90 days of the occupancy of the permanent dwelling. Such period of time shall not extend beyond one year after the approval of the temporary placement of the mobile home or occupation of the accessory building improved for residential use, gut may be renewed upon the request of the individual if construction of the home underway and the Planning Commission determines that circumstances warrant a renewal.
2. To provide a temporary residence for a bonafide farm worker provided that:
(a) the mobile home or accessory building improved for residential use is placed or established upon the property where the farm worker is engaged in a permitted agricultural activity, for the owner of the agricultural activity on a full-time basis (average 40 hours per week per calendar year).
(b) A zoning clearance is obtained before the mobile home or accessory building improved for residential use is connected to any utilities or otherwise rendered habitable and/or occupied.
(c) No additions other than temporary porches or entrance ways are built on to the mobile home or accessory building improved for residential use without obtaining an additional zoning clearance.
(d) The premises on which the mobile home or accessory building improved for residential use is located shall be maintained in a safe, clean, orderly and sanitary condition with no accumulation of junk or other unsightly material.
(e) All applicable requirements of the State Board of Health and County ordinances are met.
(f) Only one mobile home or accessory building improved for residential use will be approved on any one lot.
(g) On lots where a mobile home or accessory building improved for residential use is allowed as a secondary dwelling it shall be se back at a distance equal to or greater than the primary dwelling unless the Planning Commissio0n finds topographic conditions warrant an exception to this requirement.
(h) All applicable zoning requirements are met.
(i) The conditional use permit is granted for no more than 4 years, subject to renewal upon the approval of the Town's Planning Commission.
(j) Each mobile home be installed over reinforced concrete pad of four inches minimum thickness and each accessory building improved for residential use must be approved for occupancy by Cache County.
(k) Skirting plans must be presented and approved at the time of application.
(l) In the event the permitted agricultural activity ceases for any reason, the mobile home shall be removed within 90 days thereafter or the occupation of an accessory building improved for residential use ceased within 90 days of the cessation of the permitted agricultural activity. (Revised 05/2001)
3. To provide temporary housing for members of the immediate family of the property owners (immediate family meaning parents, children, brothers, or sisters) where an emergency situation exists which requires special attention as determined by the Planning Commission.
Motion to accept the Petition and move it on to a Public Hearing-Judy Downs
Second-Mike Diehl
Motion Carried
4. Application for a Zoning Clearance from Sid Munk for a hay shed and a storage shed at approximately 5966 N 2400 W. No power, no water. Clearances were reviewed. There was an exchange of property on this project. No subdivision took place. The property changes involved only the farm properties and did not affect surrounding properties. Copies of the deeds are the Amalga Town Hall.
Motion to Approve-Kelly Noble
Second-April Hansen
Motion Carried
5. Possible code violations were discussed with Richard Sanders. After visiting with the Town Attorney it was determined that the building that Richard constructed for his daughter April was legal. Building permits were presented. There is a problem with the building in which his son Alex is living. Alex is not able to live by himself, and Richard would prefer that he is in a separate but close situation. The Commission wants to table this for the time being to further investigate possible solutions.
Motion to Table-Judy Downs
Second-Mike Diehl
Motion Carried
6. Judy Downs went over the visit that she, along with Mayor Wood, and P&Z secretary Dave Lee had with Town Attorney Seth Tait. The visit of Garth Gnehm and Raylene Gnehm to last month's visit with Planning and Zoning in regards to their wanting to buy the Rick Fonnesbeck property and construct a home was discussed. After this discussion with the Attorney it was decided to contact them and refer them to legal counsel of their own. There were too many items that needed to be resolved. Judy Downs attempted to call them with no luck and so sent them a text explaining our position in this matter. We also discussed the mobile home issue with Seth. A mobile home is just what it says. It is mobile, like a trailer. In the case of Sid's remodel, where he stripped it down, re-wired, new siding, etc., it is no longer a mobile home, it is a dwelling. His intent was to make it better than it was before, but it changed the character of the building to something else. This is something we need to be aware of, and any other issues involving mobile homes need to be carefully monitored. It was also noted that the code in 8.1, 2 does not specify that a farm worker 'and' his family can live in the mobile home. That might be something that we want to add to Sid's amendment request before we send it over to the town board if we decide to recommend it to the Town Board. The main thing we got from Seth was that alterations to a mobile home can change its character enough that it no longer qualifies as such.
7. Tad Speakerman from Alltech was at the meeting to assist everyone is setting up their .gov emails.
Motion to Adjourn-Mike Diehl
Second-April Hansen
Motion Carried
Meeting Adjourned at 9:00 PM
*MINUTES ARE NOT OFFICIAL UNTIL APPROVED*
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