The Lindon City Planning Commission held a regularly scheduled meeting on Wednesday, June 9, 2004 at 7:00 p.m. in Lindon City Center, Council Chambers, at 100 North State Street, Lindon, Utah.

Conducting: Dustin Sweeten, Chairman
Invocation: Evan Nixon

PRESENT

Dustin Sweeten, Chairman
Ron Anderson, Commissioner
Gary Godfrey, Commissioner - arrived 7:30 pm
Evan Nixon, Commissioner
Marilyn Simister, Commissioner
Lindsey Bayless, Councilmember
Kevin Smith, Planning Director
Lile Lavaki, Community Development Clerk
James McMurray, Planning Intern

ABSENT

Jim Peters, Commissioner
Julie Bryner, Commissioner

The meeting began at 7:05 p.m.

1. PLEDGE OF ALLEGIANCE

Chairman Sweeten led the audience, staff, and Planning Commission in the Pledge of Allegiance.

2. APPROVAL OF MINUTES

The Minutes of the meeting of May 26, 2004 were reviewed. The following corrections were made:
Page 3, Line 2: Replace the word “road’ with the word “driveway.”
Page 3, Line 17: Add the word “R2" after the the word “the” and delete the word “provide” after the word “to.”
Page 5, Line 38: Add the phrase “and if cross easement does not exist to the south, the applicant will be required to provide their own access to the cul-de-sac” after the word “west.”
Page 8, Line 39-40: Replace the word “rambler” after the word “specifies” with the word “one-story. Replace the word “one-story” after the word “not” with the word “rambler.”
Page 9, Line 9: Delete the phrase “and their signatures verified” after the word “checked.”
Page 10, Line 9: Delete the phrase “he contemplated a move” after the word “when” with the phrase “the ordinance was being considered for adoption.”
COMMISSIONER SIMISTER MOVED TO APPROVE THE MINUTES OF MAY 26, 2004 AS CORRECTED. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

3. PUBLIC COMMENT

Mr. Craig Olsen introduced himself as the new owner of the Skywriter Signs Building located in the Westlind Industrial Park. Mr. Olsen is requesting a variance for the 20' landscaping requirements. This will allow him access to the bay doors on the east side of the building. He noted that he would like to construct a nice brick wall along I-15 once he confirms the location of the gas line in the vicinity. Mr. Olsen was asked what his intentions are for the building. He replied that he is looking for a nice, clean tenant to rent the building to, and he has no intention of putting garbage in the area.

Commissioner Anderson suggested putting planter boxes against the building to meet the landscaping requirements. Commissioner Nixon concurred with Commissioner Anderson and added that this will give Mr. Olsen’s future tenant a better radius to get vehicles in and out of the bay doors. Mr. Olsen told the Commission that he noticed only one site in this industrial area that has landscape. Mr. Smith explained that Mr. Gayle McMurray, previous owner of the building, had put in some landscape prior to the City foreclosing his Off-Site Improvement Bond which was used to complete architectural treatment requirements. Commissioner Anderson mentioned to Mr. Olsen that the Commission wants to work with him on this requirement. Mr. Smith recommended that Mr. Olsen submit drawings of his vision for landscaping, fencing, etc. to give the Commission direction on how to help him comply with the landscape requirements. The Commission and Mr. Smith thanked Mr. Olsen for purchasing the property and for wanting to improve the site.

Bill Bowser of Noah’s Sports Complex introduced himself. Mr. Bowser is requesting a change to the maximum building height requirements in the General Commercial (C-G) Zone. He explained the nature of his facility and the need to have a building taller than the current maximum height of 48'. Mr. Smith explained to the Commission that the average maximum height is determined by the four corners from finish grade to the highest point of the structure. Mr. Smith asked the Commission if they would consider, along with the master plan for the westside, changing the maximum building heights for the 700 North area to something taller. There was discussion on why the 48' maximum height limit is appropriate along State Street. Commissioner Nixon mentioned that the City Council is the governing body for changing an ordinance, but if the Council requests a recommendation from the Planning Commission, he would support such a change. Commissioner Anderson suggested the Commission review this ordinance because such a request will be asked again and again. Chairman Sweeten asked Mr. Smith for an explanation of the procedure for changing an ordinance.

Mr. Bowser asked Councilmember Hatch and Councilmember Bayless, who were in the audience, for their opinions. It was decided that Mr. Bowser needs to apply to change the ordinance to allow taller buildings in the C-G Zone. Commissioner Nixon inquired about the church building heights and steeples. Mr. Smith explained that all church buildings in Lindon are one story tall and shorter than 48' and that steeples and chimneys are not considered part of the roof structures. Therefore, they are excluded from the calculation of the average maximum height of any building. Chairman Sweeten recommended Mr. Bowser appear before the City Council to get a better feel for what they will allow.

(Commissioner Gary Godfrey arrived at 7:30 pm)

4. NEW BUSINESS (Reports by Commissioners)

There was no new business reported.

Commissioner Sweeten declared a conflict of interest for the next item and stepped down from the Commission temporarily. Commissioner Simister would be acting as Chairperson in the interim.

5. LOW BOOK SALES/COUNTRY CARS - 600 NORTH STATE STREET - NONCONFORMING USE RELOCATION & EXPANSION <
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This is a request for relocation and expansion of a nonconforming use in the General Commercial (C-G) Zone.

Mr. Smith explained that there is a conflict on the ownership of the conditional use. Both parties, Country Cars and the property owner, Skip Dunn, are claiming ownership. The City is taking the position that the property owner and the business owner needs need to resolve this issue. Mr. Smith noted that Mr. Gordon Duval, City Attorney, is present. Mr. Smith explained to the Commission that they are permitted to discuss and take action on the relocation and expansion of the dealership; however, the court will determine the ownership of the nonconforming use.

COMMISSIONER ANDERSON MOVED TO OPEN THE PUBLIC HEARING FOR THIS ITEM. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Smith displayed an aerial of State Street and pointed out the current location, 565 North State, and the proposed relocation site on the southeast corner of 600 North State. Mr. Dustin Sweeten of Country Cars and Mr. David Nielson of Low Book Sales were present. Mr. Sweeten read a prepared statement, Country Cars/Low Book Sales Application - Answering Concerns, (attached as Exhibit A). Mr. Sweeten pointed out to the Commission that his business is a benefit to the City in the form of sales tax revenue. He also quoted Mr. Duval’s interpretation of Section 17.16.030 of the City Code as, “...that he interprets the code to allow nonconforming use to move and or expand if it meets the criteria in parts a, b, and c of Section 2.” Mr. Duval confirmed the statement. Mr. Sweeten referred to the Utah Auto Sales expansion approval as an example for allowing him to expand his business. He observed two of the many advantages of his business over Utah Auto Sales. First, the proposed parcel does not share any borders with residential properties whereas Utah Auto Sales borders three residents’, and second, his business will not use a public address system or loudspeakers, although employees will communicate through two-way radios. He attested that a traffic engineer could verify that an auto dealership has low traffic flow. Mr. Sweeten informed the Commission that he and Mr. Nielson want to work with the City to develop an attractive building and site, however, “they do not want to be subject to rules that are not in the code and have not been required of other projects” (refer to Exhibit A).

Mr. Sweeten explained that when Mr. Mark Hampton of Rimrock promised the neighbors that he would not request for an additional access on 600 North, Rimrock did not have ownership of the property. Commissioner Anderson reminded Mr. Sweeten that Rimrock had the property under contract. Mr. Skip Dunn introduced himself as the property owner of Country Cars’ current site. He expressed to the Commission that he does not have any problems with Mr. Sweeten moving and expanding his business as long as he, Mr. Dunn, has the option to open a used auto dealership on his property.

Councilmember Jerald Hatch, owner of the property to the south of the proposed relocation site, introduced himself. He mentioned that he is not opposing the project but he has concerns. He informed the Commission that Mr. Hampton had promised to build a fence running east and west on the north border of his property. This promise has not been met. He pointed out that this fence will serve as protection from irrigation water spray on the cars. Mr. Nielson reported that Low Book Sales will build an eight-foot fence, if allowed, on top of a retaining wall along the property line. Councilmember Hatch requested that Mr. Nielson keep the construction area clean once construction has started. Mr. Nielson replied that he would keep a clean construction site. Acting Chairperson Simister reviewed the eight goals of the Commercial Zone from the General Plan. She suggested that these goals should guide the Commission in deciding if this application meets the “harmony” requirements of the nonconforming uses ordinance.

Ms. Michelle Dunn introduced herself as the other property owner of Country Cars’ current site. She inquired if Mr. Sweeten was selling Country Cars to Look Book Sales. Acting Chairperson Simister replied “yes.” Mr. Nielson displayed a site plan of the proposed site. Acting Chairperson Simister asked Mr. Sweeten for clarification of his statement about “not holding him to strict design standards.” Mr. Sweeten replied that he does not want the Commission to impose demands on their project if such demands are not in the code. Commissioner Anderson informed Mr. Sweeten that there is a need for some compromise, and that the Commission can require conditions that may be more than required by the code, but are needed to make the use compatible with the neighborhood. He recommended that the applicant submit a site plan of the proposed site for the Commission to review. Mr. Sweeten replied that there is a time restraint with contracts and that they need to move quickly.

Mr. Nielson commented that the proposed site will have additional landscaping along State Street and an additional access on 600 North. Acting Chairperson Simister inquired if the landscaping plans on State Street has been discussed and/or approved by UDOT. His reply was “no.” Mr. Nielson mentioned that Low Book Sales desires to cooperate with UDOT and the City to ensure harmony with the area. However, the applicant does not want to be imposed by architectural design and landscape requirements that would create “undue hardship.” Commissioner Nixon informed Mr. Sweeten and Mr. Nielson that due to the nature of their request, a legal nonconforming use, the Planning Commission can impose higher standards for a final site plan, an architectural design, and a landscape plan. Mr. Nielson asked Mr. Duval if he agreed with Commissioner Nixon’s statement. The reply was “most definitely.”

There was a discussion on the need for the Planning Commission to set architectural design requirements for State Street and the need to ensure an application’s harmony with the requirements and regulations of the zone and the master plan. There was also discussion about the glass garage doors and the applicant’s desire to utilize natural light. Commissioner Godfrey suggested that Mr. Nielson may want to take a look at the City Fire Station building as an example of what could be constructed instead. Commissioner Nixon recommended that Mr. Neilson submit pictures or drawings of his vision of the building for the Commission to review.

Mr. Sweeten informed the Commission that in the last public meeting, he felt a little bit “beaten-up” and that he has spent a lot of time studying the code. In the course of his study, he feels the Planning Commission has been somewhat harsh to other businesses. Commissioner Godfrey commented that he approves of the application as long as it does not create a new, used auto dealership. If a new dealership is created, he is opposed to the application. Mr. Duval agreed with Commissioner Godfrey’s interpretation of Lindon’s ordinance and reminded the Commission that it will either be Low Book Sales or Mr. Skip Dunn’s car lot.

Acting Chairperson Simister inquired if the neighbors had been noticed. Mr. Smith explained the noticing process and informed the Commission that the neighbors on 600 North had not been noticed. He explained that due to the legal nature of the Conditional Use Permit ownership, he had supposed this item would be continued until a preliminary injunction or an agreement was reached by the parties. Mr. Smith noted that he was notified this afternoon at 4 p.m. that the Planning Commission could take action on the relocation and expansion only. Ms. Dunn emphatically expressed her disapproval of the Commission discussing this item. She deemed the proceeding as inappropriate due to the huge conflict of interest with Mr. Sweeten. She believes this item should not be discussed until a ruling is made by the court. Ms. Dunn was informed that the Commission is acting only on the relocation and expansion of the business and that the ownership of the nonconformint use will have to wait for the court’s decision.

Commissioner Nixon concurred with Mr. Sweeten’s statement that the traffic impact a car dealership generates would be lower than other commercial business that may locate here, such as a restaurant. He also recommended a delay on making a decision on the 600 North access until the neighbors have been properly noticed. Commissioner Anderson noted that a berm along 600 North is required. Commissioner Godfrey wanted to make known that he agrees to having the neighbors’ input, but feels that asking customers of Low Book Sales to cross State Street to make a left turn is “insane” when there will be a traffic signal on 600 North. Mr. Smith explained that, from a staff point of view, if a second access was not permitted, it will force traffic further east to access 600 North through the existing access. This would not be fair to the homeowner across the street from this access. There was discussion about the nuisance ordinance in reference to lights. There was also discussion about the easement to the east of the proposed site.

COMMISSIONER NIXON MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Mr. Duval explained “preliminary injunction” to the Commission. Commissioner Anderson inquired if an action by the Commission would open the City for liability. Mr. Duval responded that the liability would be very minimal.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY COUNTRY CARS/LOW BOOK SALES FOR RELOCATION AND EXPANSION OF A LEGAL NONCONFORMING USED CAR SALES LOT IN THE GENERAL COMMERCIAL (C-G) ZONE, AT 600 NORTH STATE WITH THE FOLLOWING CONDITIONS:

1. A RESOLUTION OF OWNERSHIP OF RIGHTS TO THE NONCONFORMING USE SHALL BE EVIDENCED BY A PRELIMINARY INJUNCTION ISSUED BY A GOVERNING COURT, OR BY AGREEMENT BY THE PARTIES.
2. THE RESOLUTION MUST DICTATE A SINGLE ENTITY’S RIGHT TO THE USE.
3. THE PLANNING COMMISSION IS RECOMMENDING APPROVAL OF THE MOVE AND EXPANSION BASED ON THE CONDITION THAT THE SITE PLAN, ARCHITECTURAL PLANS, AND LANDSCAPING PLAN BE IN HARMONY WITH THE PROPOSED REGULATIONS AND REQUIREMENTS OF THE ZONE. SUCH SITE PLAN, ARCHITECTURAL DESIGN, AND LANDSCAPING REQUIREMENTS MAY BE MORE SPECIFIC AND RESTRICTIVE THAN THE CURRENT ORDINANCE ADDRESSES IN THE LINDON CITY CODE FOR THE PURPOSE OF MAKING THE PROPOSED NONCONFORMING USE COMPATIBLE WITH THE SURROUNDING USES. THE PLANNING COMMISSION DESIRES TO REVIEW THE FINAL SITE PLAN, ARCHITECTURAL DESIGN, AND LANDSCAPING PLAN PRIOR TO FINAL APPROVAL.
4. THE APPLICANTS SHALL WORK WITH THE PROPERTY OWNER TO THE SOUTH IN COMPLETING RETAINING WALLS AND FENCES TO PREVENT ENCROACHMENT.
5. A DECISION ON ACCESS TO 600 NORTH WILL BE CONDITIONAL ON ADDITIONAL NOTICING AND COMMENT FROM THE NEIGHBORHOOD, INPUT FROM THE PUBLIC SAFETY DEPARTMENT, AND THE TRAFFIC ENGINEERS’ RECOMMENDATIONS.
6. NO PUBLIC ADDRESS OR LOUDSPEAKER SYSTEM OUTSIDE THE BUILDING WILL BE ALLOWED. LIGHTING WILL BE DIRECTED AWAY FROM RESIDENTIAL AREAS AND BE DIMMED AFTER 10 P.M. AND CAR TEST DRIVES WILL BE DIRECTED AWAY FROM RESIDENTIAL AREAS.
7. THE PLANNING COMMISSION RECOMMENDS APPROVAL BASED ON THEIR FINDINGS THAT THE REQUEST COMPLIES WITH GENERAL PLAN GOALS AND THAT USED CAR SALES GENERATE LESS TRAFFIC AND PARKING IMPACTS THEN TYPICAL RETAIL COMMERCIAL USES.

COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

Acting Chairperson Simister moved to turn the meeting back to Chairman Sweeten.

6. H5 DEVELOPMENT - 800 NORTH 650 EAST - R2 OVERLAY REVIEW

Mr. Smith mentioned that this item was continued from the last meeting. Mr. Dan Parkinson, the developer, was present. Mr. Smith displayed a new site plan of the project on the overhead. Commissioner Simister asked if garbage cans would be brought out to the side of the road. Mr. Parkinson replied yes. There was discussion about required parking stalls and driveways. The Commission was reminded that this is a gated project.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY H5 DEVELOPMENT AT 800 NORTH 650 EAST AN R-2 OVERLAY PROJECT WITH THE FOLLOWING CONDITIONS:

1. THAT EACH UNITS’ DRIVEWAY SHALL BE THREE PARKING SPACES WIDE,
2. THAT THE GATE TO THE ACCESS DRIVEWAY BE SET BACK FAR ENOUGH TO ALLOW A VEHICLE TO PULL OFF THE STREET TO OPEN THE GATE,
3. THAT AN OFF-ROAD INTERCOM SYSTEM BE PROVIDED SO VISITORS CAN ACCESS THE PARKING IN THE BACK.

COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

7. ALEXANDER HEIGHTS - 1131 EAST 20 SOUTH - PRELIMINARY SUBDIVISION REVIEW

Ben Probst introduced himself. Mr. Smith presented this item by showing an overhead of the parcel. He informed the Commission that this lot was originally approved with double frontage and Mr. Probst, the new owner, wishes to subdivide it. Mr. Smith explained how the frontages are measured. Commissioner Simister inquired about the water shares. Mr. Smith confirmed that an agreement had been reached to satisfy this requirement.

COMMISSIONER NIXON MOVED TO APPROVE THE REQUEST BY BEN PROBST TO SUBDIVIDE AN EXISTING LOT AT 1131 EAST 20 SOUTH AND CREATE ALEXANDER HEIGHTS. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

8. BIG-D GROUP - 200 NORTH 1790 WEST - SITE PLAN REVIEW

Mr. Curtis Minor of Minor Architect and Mr. Gifford Briggs of Big-D Construction introduced themselves. Mr. Smith showed an overhead of the proposed site and explained that the applicant is proposing to construct a satellite office and warehouse. The main offices of Big-D are in Salt Lake City. Mr. Briggs informed the Commission that Big-D has purchased the 2.32 acre parcel but wishes to develop only a portion of the lot at this time. He noted that the structure will be a concrete tilt-up building. He also mentioned the landscaping plans as well as putting gravel on the western portion of the parcel for future storage. Commissioner Simister inquired about frontage on I-15. Mr. Smith explained that this parcel has very little frontage along I-15. Mr. Briggs mentioned that the applicant has no immediate plans for the western portion of the parcel, however, they may want to subdivide and sell later.

Commissioner Anderson inquired about the type of storage the applicant anticipates. Mr. Briggs explained that Big-D currently has a storage yard in Salt Lake City and the intent for this site would be more warehousing and temporary storage of construction equipment and material. Commissioner Anderson asked if demolition material would be stored on the site. He was informed that the yard will be empty most of the time. Chairman Sweeten asked if an obscuring fence is required. Mr. Smith explained that it depends on whether the applicant chooses to use the yard for outside storage of construction materials and salvaged materials, or if it is used for storage of equipment.

Commissioner Anderson inquired about the applicant’s plans for the Proctor Ditch on the east boundary. He was told it would be incorporated into the landscape. Commissioner Anderson informed Mr. Minor and Mr. Briggs that the head gate for this ditch needs to be removed. Commissioner Anderson will confirm this head gate removal with the Public Works Director. Commissioner Nixon inquired why the applicant does not landscape the entire lot. Mr. Minor replied that its a matter of preference. He explained that Big-D would like to put gravel for easy maintenance. Mr. Briggs asked for guidance how to get rid of the billboard on the property. There was discussion about billboards. It was determined that the ditch occupied whatever frontage this parcel may have along I-15.

Commissioner Nixon questioned the need for two entrances. Mr. Minor explained that both entrances are neccessary for traffic flow. Commissioner Nixon expressed concerns with two driveways taking up landscape areas. Commissioner Sweeten asked Mr. Smith to explain the code. Mr. Smith commented that the driveways were fine according to the engineering code.

Commissioner Godfrey inquired about architectural treatment of the concrete tilt-up structure. Mr. Minor stated that Big-D desires to keep the natural concrete look. He explained that the building would look very similar to their building in Salt Lake City. Mr. Briggs explained the process of constructing a concrete tilt-up building. He reminded the Commission that the parcel is located in an industrial zone and therefore, this building would fit in the area. Commissioner Anderson and Nixon along with Chairman Sweeten requested the applicant to submit pictures for review. It was noted that the Commission would also like to see pictures of the Salt Lake City office building.

Commissioner Nixon restated his dislike of having two driveways. He felt it was unnecessarily taking away from area that could be used for landscape. Chairman Sweeten asked if the Planning Commission is requiring something beyond the code. Commissioner Anderson stated that traffic flow is more important than landscape. Chairman Sweeten inquired if the code requires the applicant to landscape the entire parcel. Mr. Smith felt the code refers only to the site plan, however, the applicant can use the excess property to the west for storage if an obscuring fence is placed around the storage area.

COMMISSIONER SIMISTER MOVED TO APPROVE THE REQUEST BY BIG-D CONSTRUCTION FOR A CORPORATE OFFICE AND WAREHOUSE BUILDING AT MIDVALLEY COMMERCE CENTER, LOT 1 WITH THE FOLLOWING CONDITIONS: 1. THAT THERE WILL BE NO OUTSIDE STORAGE UNLESS THE FENCING REQUIREMENT IS SATISFIED AND THE SAME SHALL APPLY TO THE WEST PORTION OF THE PROPERTY. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENTED VOTED IN FAVOR EXCEPT COMMISSIONER NIXON WHO VOTED NAY. THE MOTION CARRIED.

8. KIDS UNIVERSE - 308 SOUTH 1250 WEST - CONDITIONAL USE PERMIT

Matthew Kriser and Carl Hansen introduced themselves. Mr. Smith displayed an overhead of the area and noted that this project is similar to one approved two weeks ago. Commissioner Godfrey observed that a design review application was completed for this applicant in April. Mr. Smith pointed out that there are 115 parking stalls on the site plan, which exceeds code requirements. It was asked if the neighbors had been noticed. The reply was “yes,” and that the comments received have been positive.

Commissioner Anderson expressed concern and suggested that the City needs to look at the direction it’s heading by placing these type of uses in an industrial zone and having kids hanging around in these areas. Mr. Kriser explained that they are currently located in Orem and have outgrown that site. He informed the Commission that the site plan includes an area labeled pre-school, which is a classification only. He noted that classes are divided according to the age groups. He explained the various levels of the sports and how one sport may require training in many disciplines. For an example, a gymnast will need to take dance while a cheerleader will need to take tumbling. Commissioner Nixon inquired about hours of operation and number of participants. Mr. Kriser replied that in the summer months, pre-schoolers would attend from 10 a.m to 12 noon and teams and general classes would be held until 7 p.m. He also mentioned that, on average, there will be 70 to 80 students, however, a maximum of 120 in the school. Mr. Kriser commented that each competition allows a maximum of 72 participants.

Commissioner Anderson inquired about a grass area for the kids to wait for their rides. He discussed the ballet school’s waiting area and the lack of sufficient waiting area for the kids at this site. Chairman Sweeten suggested putting benches in the landscape area for kids to use as a waiting area. Mr. Kriser thought that would be a good idea. Commissioner Nixon requested centering the driveway on 1250 West. It was determined that the driveway should stay as shown on the site plan. Commissioner Godfrey inquired about the Cheer Gym and the lack of access from the main facility. Mr. Kriser explained that Flyerz Cheer Gym have contacted him regarding renting part of the facility but he prefers that they be separate from Kids Universe.

There was discussion about removing some of the parking stalls along the east side of the building to create a waiting area. Mr. Kriser expressed the need to keep the parking as shown on the site plan. He stated that parents prefer pulling into those stalls to wait for their children to come out.

Commissioner Godfrey inquired about the two 25-foot bays. Mr. Kriser replied that he needs to keep the two doors as shown to allow for putting in additional seating for competitions. Commissioner Nixon suggested removing a some parking stalls on both sides of the entry way and installing grass and benches with a canopy for drop-off and waiting area. Mr. Kriser pleaded with the Commission to “not mess with the current drop-off and pick-up system.” He explained that he educates the parents of the drop-off and pick-up process and they conform. Commissioner Nixon asked Mr. Smith for his observation. Mr. Smith observed that the businesses with such a system works great. He mentioned Timpanogos Academy as a perfect example of parents conforming to this type of system. Commissioner Anderson thanked the applicant for his time.

COMMISSIONER SIMISTER MOVED TO APPROVE THE REQUEST BY MATTHEW KRISER AND KIDS UNIVERSE, FOR A CONDITIONAL USE PERMIT TO BUILD A GYMNASTICS/CHEER SCHOOL AT 308 SOUTH 1250 WEST WITH THE FOLLOWING CONDITIONS: 1. ADD A LANDSCAPE AREA BY DROP-OFF AREA AND INSTALL BENCHES. COMMISSIONER ANDERSON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR EXCEPT COMMISSIONER GODFREY WHO VOTED NAY. THE MOTION CARRIED

9. BRENT ADAIR - 1283 EAST CANBERRA DRIVE - DESIGN REVIEW

Mr. Brent Adair and Mrs. Alta Adair introduced themselves as the property owners. Mr. Smith explained that this is a request for review of an expansion to a residential home in the R1-12 Zone. The Adairs desire the Planning Commission to review and provide an interpretation of Lindon City Code Section 17.44.090. Mr. Adair explained that he would like to enclose the deck, which faces west, with thermo-material so it can be used year round. He explained that the deck is too hot to use in the summer. He noted that all of his neighbors are fine with his proposal. Commissioner Godfrey inquired if the deck would be torn down and rebuilt. Mr. Adair replied “yes”. Mr. Smith commented that he is not against the project but he must be consistent with code enforcement. He noted that there will be complaints and residents will ask to construct the same structure and refer to this project as an example. Mr. Smith shared a recent complaint about a porch that is in compliance. Chairman Sweeten explained to the Adairs that the Commission is trying to see how they can approve his proposal within the requirements of the City Code.

Commissioner Godfrey asked about the Board of Adjustments. Mr. Smith explained the criteria the Board would use to approve or deny an application. Commissioner Godfrey stated that he is in favor of sun porches and has no problem approving this request. Commissioner Anderson reminded the Commission that the Code does not state that an approval will be granted if all the neighbors agreed.

Mr. Smith quoted Section 17.20.080 of the Code dealing with design and improvement standards variance. He noted that the Planning Commission would have to make a recommendation to the City Council as requirement of the ordinance criteria. There was discussion about the front setback and how it is measured. Chairman Sweeten clarified that this proposal is a design review and no action is necessary for this item. The Commission thanked the Adairs for being patient and recommended they appear before the City Council.

11. PLANNING DIRECTOR

Mr. Smith inquired why the Planning Commission required fencing around the Wal-Mart detention basin. Chairman Sweeten recalled it was for safety reasons. The Commission agreed that the fencing is no longer necessary.

2. APPROVAL OF MINUTES

COMMISSIONER GODFREY MOVED TO REVISE THE APPROVED MINUTES OF MAY 26, 2004. COMMISSIONER SIMISTER SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED. The following corrections were added:

Page 6, Line 9: Replace the name “GODFREY” after the word “COMMISSIONER” with the name “PETERS.”
Page 12, Line 26: Replace the words “confirmed that” with the words “inquired about.”
Page 12, Line 31: Replace the words “observed that” with the words “asked if.”

COMMISSIONER SIMISTER MOVED TO APPROVE THE MINUTES OF MAY 26, 2004 AS AMENDED. COMMISSIONER NIXON SECONDED THE MOTION. ALL PRESENT VOTED IN FAVOR. THE MOTION CARRIED.

ADJOURN

THE PLANNING COMMISSION REACHED CONSENSUS TO ADJOURN AT 11:25 P.M.

APPROVED - June 23, 200