Planning Commission - Regular Meeting

Good evening. Welcome to our Draper City Planning Commission meeting. We want to welcome you to Thursday, 02/26/2026. Thanks to the staff for getting everything ready on our agenda, posting up notices throughout the weeks prior and then for staying late tonight as usual. Thanks for the commissioners and their time, spending it up here with us, volunteering their time. Then thank you of course to the applicants and any of our neighbors that have attended visiting in the meeting tonight. So let's go ahead and get things started. We've got an agenda posted online and also a paper copy in the back. Jennifer, there's no changes, correct, to the agenda as posted?

Correct.

All right. So we'll go ahead and move forward with what we have here. We just have a few public hearings tonight. The first of which is the break site plan and cross access deviation request this is on the request of Gary Knapp representing LM Restaurant Group LC it's a site plan and a cross access deviation. It's located on 1.02 acres of property located at approximately one twenty two forty south seven hundred east and one twenty two fifty eight south seven hundred east known as Applications 2024 Dash 0356 SP and 2020 Five-two 71 VAR. So Nick Whitaker is our staff contact. So Nick, go ahead.

Thank you. Yes, this is the break site plan and cross access deviation request. You may recognize Gary from his rezone and site plan amendment. Let's see, here's the vicinity map of the property. It's just right off of 7th 700 East and right by 1 And 23000 South.

Here's an aerial map of the property. Now it is showing two properties. Last December, the applicant did come in and do an amendment, a plat amendment, sorry, and it is still being recorded. So that will soon appear as one property. Here is the land use map.

The land use designation is neighborhood commercial. And the zoning map, the zone is CC. Here is a site plan, the proposed site plan for the break. Here's an up close picture here. So as you can see, there are two points of entry.

One here, another here. To the south of the property is a commercial business. To the west of the property is another office commercial business. To the north of the property is a residential dwelling, and it is zoned as residential. And then, of course, right here to the east is 700 East.

The proposed structure is a bar. It's the break bar. Located here. Of course, we have a parking lot. Up on the north, as well as access to the rear of the property, dumpster, and then crosswalk and some pedestrian considerations here that connect to the sidewalk into the entrance of the building.

I'd go over some of the parking. So for a bar establishment according to Draper City Code, a building the size that they're proposing would require anywhere between 35 to 42 stalls. What they're proposing is 38, which complies with ordinance. As I mentioned, they did provide some pedestrian connectivity to the streets and the sidewalk. So that complies with ordinance.

There's the crosswalk. It's made of a different or requires that it's made of a different material from parking lot. They're proposing the concrete crosswalk, and that complies with ordinance. Cross access is required. They are seeking a cross access deviation and I'll get to that in a minute here in the presentation.

Where the cross access would be would be to the property to the south. Here is their landscape plan. Here's the up close. So they have provided adequate landscaping for the property. Draper City Code requires 20% landscape coverage.

What they're proposing is 22%, so that does comply with ordinance. Their parking lot landscaping Draper City Code requires 7%. They're providing 8%, which complies. One very important thing that I need to point out is on the North Side, as I mentioned earlier, there's a residential structure and residential property. This will require a buffer.

So Draper City code requires a minimum 20 foot landscape buffer with a six foot fence or a minimum 10 foot landscape buffer with an eight foot fence. They didn't quite get the 20 foot buffer here. Instead they have just under 20, between eighteen and nineteen feet. So it would require an eight foot fence along the north. What they've proposed was a six foot fence, which does not comply with that ordinance.

So as a condition of approval, we're recommending that an eight foot fence be installed. I did talk to the applicant about this as well and made him aware of this. Here's the architectural plans. There's three different it's kind of hard to notice here, but there's well, the building is primarily made of brick. So it doesn't require any secondary materials per draper city code.

However, it does require three colors. There are three different brick colors. And the third one is harder to detect from this slide. But along here, it's a different darker gray and a different texture as well. And screening, these are cedar planks up here that will screen the machinery on top of the on the roof.

Here is their photometric plan and an after hours plan. There were a couple of issues with this as well. I did talk to the applicant about this. But I'll go over these with you. So with many of the requirements, they do comply. There are two that need to be corrected. First being that the color of the light pole was not provided in their plans. Three per city code only allows for a black. It has to be black unless they present something else to the Planning Commission and the Planning Commission may authorize that color. They didn't provide any color.

So as a condition of approval, well, we would add in as a condition of approval that they provide black poles. And then there was also an issue with the maximum illumination ratio. Draper City code requires two to five point one and two to 5.1 for after hours. Their plan showed 9.7 to one and eleven point five to one after hours, which does not comply with ordinance. As a condition of approval, they would need to bring this into compliance with Draper City standards before a permit is issued.

So going over those conditions, it would be that all requirements of the Draper City Engineering, Public Works, Building, Planning, and Fire Divisions are satisfied throughout the development of the site and the construction of all buildings on the site, including permitting, that the site shall be constructed and landscaped in compliance with the approved site plan and landscaping plan, that the color of the light pole shall be black, and that revised lighting plans and photometric analysis in compliance with ordinance including the maximum illumination ratio of two to 2.5 to one be submitted to planning staff for review and approval prior to the issuance of the building permit, that an eight foot masonry wall or a masonry fence be constructed along the north property line, and that updated construction details be provided to planning staff for review and approval prior to the issuance of the building permit and that the property be consolidated through the recording of the previously approved amended subdivision plat prior to the issuance of the required land disturbance permit or building permit. Now for that cross access deviation. Per Draper City Code, the Planning Commission shall approve a deviation from the requirement to provide cross access upon finding that the required cross access would result in any of these, any of the criteria listed here.

So the applicant has provided a letter detailing why they believe that a cross access deviation would be appropriate for the property. Real quick, again, the cross access deviation would be from their property here to the property here on the South, for vehicles to flow through. The applicant claims that the cross access deviation should be allowed due to a significant grade change at the South property line, so along here. The applicant did not provide the actual number in terms of percentage because it would need to be greater than the 12% change in grade. But they did say that it was significant.

And number two, that the property was not previously designed and required to provide reciprocal cross access to the subject property. As you can see here, it's actually hard to tell from the aerial, but there is a bit of a great change here in the old cement wall that goes across. Based upon city code, in my review of this, the criteria in the cross access deviation ordinance would be that it would result in the slope of the cross access drive exceeding 12% and that it was not previously designated and required to provide reciprocal cross access to the subject property. Here's a site photo. So this is the Northeast corner of the property.

You can see the property has since been demolished and prepared for development. And that's my presentation. So Nick, one

quick question on the elevation for that to use that as the reason for the approval of that deviation. Did you say you have not seen it but they're bringing it tonight or?

So they did not provide the number in their request in the letter. I've checked it independently on my own. And just on my own review, found that it is using the city's GIS that it does exceed 12%. However, the applicant did not provide that information in there.

So all the other stuff is easy to put on as a condition of approval. But that one, just to say, yeah, we're going to do that, we don't know if it's 12 or not. That's the only thing that I noticed. But I just wanted to ask if you had that. We'll work through it up here. But you've checked it, but we don't have anything official from them.

Yes. So that they provided no number in their submission. The only thing that they did say is that it was a significant grade change at the South property line.

And is there another way that they could get around that? Don't With access? Because we this quite frequently with an older, older property that just hadn't they've never relied on it, they've never used it. And then something new comes in and they're kind of burdened, if you will, by having to have cross access and just kind of they want to put their power box there or they want to put a curb or landscaping.

I think the most appropriate of the criteria in the deviation is D1 that was not previously designated and required to provide reciprocal cross access to the subject property. And as you can tell from this property here, when these lots were developed, it does not appear that they were developed to provide any cross access. I mean even by providing it you could see it could cause problems with this property here. So I think of the criteria, the D1 is probably the most appropriate.

Okay.

I have a question.

Do

we know for sure that no Draper laws or state laws prevent an establishment serving alcohol next to a residence?

So that wouldn't go through planning. That would go through their licensing process. So they would be required to do all their proper licensing before they could run a bar. In terms of where I mean, how close they are to other properties and other types of uses, wouldn't feel authorized to comment on that.

So I will say the city council has already provided local consent for the bar establishment. So they do have that approval. I don't remember what the distancing standards are, but they passed because we did take it to counsel and they did get approved.

Okay, well that's great to hear. Thank you.

I would also add that alcohol laws in the state of Utah are so broadly occupying the field that there leaves little to no regulation possible for the city. It's almost entirely preempted. What regulation the city can have for alcohol establishments, the city's already gone through the process and everything's passed. And

then on the that brings me to the residents. That's so see this red lot line here to the north? So is that is that a roof line right there? We're, like, right up against the property line?

Mhmm. Yes. It is.

Okay. Well, we'll talk to the applicant about that fence then and go from there. Any other questions for staff?

I have just a comment, I guess. And I spoke with a couple of the staff about this. Can you explain, just kind of briefly go over, the RIVE approach with being substandard per city code, meaning less I mean, they're 16 to 17 feet less than normal, which is 24, 26, and the Just so it's clear and I understand that it's a UDOT road, I think it would be good to have that just on the record.

Yeah, I'll let Brian speak to that.

You or Brian, either one.

Yes. So the site does have two accesses. Typically on a site of this size, that'd be a single access. Where 700 East is a UDOT street, UDOT had an independent review of this and did approve the two access points on the condition that they extend the center island that's existing in 7th East northward to extend past the two access points. Now, the site is going to function as a single access in, single ingress, and single egress. So that's what allows for the narrower access widths is the fact that really there shouldn't be vehicles passing on

the way in and on the

way out. But we've reviewed it. It does meet standards, so it's not out of compliance with any code. It's just that this is just a little bit of an unusual situation UDOT has agreed to allow.

Thank you.

Okay. Thank you, Nick. Thanks. All right, let's go ahead and invite the applicant up. Is he here? Or are they here? Hi there. Come on down. You can both state your names and add anything you'd like to that presentation, then we'll have some questions for you, I'm sure.

Gary Knapp with JZW Architects.

Mike Culligan with Aspen General Contracting, representing the owner.

Hi, guys. So a couple of quick questions, I'm sure. I have one on the elevation, on the south elevation. This is right up your alley here with architectural. Are those garage doors that can be opened? They look like they extend all the way down. So there's three big window bays there. Are garage sliders? Keep going. No, there's think no there's one more of those right there. Excuse me, four window bays. Those are fixed glass.

So, no, there actually are no garage doors there. This is actually an older rendering. I'm not sure. We did send it in there, but this is not the most current one. The current one has storefront here and no garage doors.

Got it. But those were to be garage doors, correct, in this rendering right here? Originally. And that's what they look like to me because they

similar They were going to be garage doors, but on our latest, we're taking those off.

Okay. So do you want to how do we approve a site plan with wrong elevations?

This was not actually in the report. It was only this page here. Got it.

Yeah. And that's fine. I just ask just for especially if those were garage doors and they're on the south side versus the north side, right, it would be wise. Those will just pop open and then the noise can come right out there. But that's I mean, the south side is all commercial. So now I'm hearing they're not garage doors, so that's fine too. So I'll withdraw my question, how's that? So question and answer, no garage doors. But again, take note, right, that we've got a different elevation here and then it'll be approved. Any other questions for the staff or for the applicant, excuse me?

The elevation for the deviation, the cross axis deviation, have either of you measured that?

I actually just got a text. It's 28 inches on a vertical between lots elevations.

Wow.

Yeah. It's pretty significant. Yeah. And there's and like Nick said, there's a concrete retaining wall there that is holding the soil back on our site to make that difference. And then it steps down to the neighboring lot on the south.

Can someone do the math? Is that more than 12%?

You don't want me

to do the math.

Somebody I went to law school, not I didn't become an accountant for a reason.

We'll consult the engineer.

Okay. We'll let them work on that. You saw that there's a couple of conditions for approval, right, that we've got the eight foot fence, not the six foot. We've got what were the other ones? Color. Light Light pole color. And then it looks like your illumination is too bright, correct? There's too much light pollution. Is that what we saw? Like it's in the nines when it should start with the two? Oh, Is that what I saw? The maximum illumination there?

At the bottom, last

At the one. At the bottom, the ratios are off.

I mean, lighting is great. It's just in respect to what's around you. Mean, wouldn't you agree, commissioners, that that's pretty much what we're taking into account here is what staff's recommended as far as their conditions? So just be aware that those will be what we take into account. Any other questions? Okay, all right. We'll let you be seated. It's a public hearing, so we'll let the public have at it and then we'll bring you back up if we need to, okay?

Thank you.

All right, this is a public hearing. We'll have a couple of these tonight. The way these will go, if you haven't been here before, that's okay. That means you have a life and you're out doing fun things. But if this is your first time, what we have is a three minute limit on public comment. We've got a nice little red timer up there. You're welcome to come up at this time and address this agenda item. You can speak as long as you want, as long as it's under the three minutes. You don't have to fill the whole time either. So who would like to address this agenda item with those guidelines and rules? Nobody. Alright. We'll go ahead and close the public hearing. All right, commissioners, what are your thoughts on there? There's been a couple conditions that have been pointed out that I think are well thought out.

Yeah, I'm really grateful for the work that Nick's done on this. This is really good details and it's very clear for us. So I'm ready to make a motion on the deviation. Does anybody have any comments on that? Don't think it's appropriate. Brian, did you do the calculation?

Yeah,

it exceeds the maximum slope allowed. It is a significant drop between the two sites.

Thank you. Okay, then I'll make that motion.

Yeah, go ahead.

I move that we approve the cross access deviation as requested by Gary Knapp representing LM Restaurant Group LC application number 2020Five-two71 VAR based on the following findings finding for approval listed in the staff report dated 02/13/2026 and the request meets the criteria for the deviation as described in the DRIVER code.

Great. Thanks for that motion, Lisa. Who will second it?

I'll second.

Thanks, Mary. So let's go ahead and put this to a vote then. This is for approval of the deviation for cross access. Let's start with you. Lisa, We'll how do

a vote

on that. Just for clarification, there's a typo on the findings for approval, and it's got the wrong section of code in there. So just a point of clarification that the findings the section is nine dash 25 dash zero eight zero subsection E2D1. Just to clarify that.

Great. We'll go ahead and just the motion will stand with that clarification on the code as just read into the record. Sound fair?

Yes. Thanks, Thanks

for calling that out, Tracy. Okay. So back to the motion from Lisa that's been seconded by Mary. Let's go ahead and put this to a vote. This is for approval of the cross access deviation. Lisa, how do you vote?

Yes.

Mary?

Yes.

Laura?

Yes.

Susan?

Yes.

And Kendra?

Yes.

All right. Next one, site plan.

I'll make a motion if there's no further discussion. I move we approve the site plan as requested by Gary Knapp representing LM Restaurant Group LC application number 20240356DashSP based on the following findings for approval and subject to the conditions listed in the staff report dated 02/13/2026. And there are five findings for approval listed, and those are all included in the motion.

Got it. Thanks for that. Do you

mean the six conditions, Mary? Oh, there's five findings. I see five findings. There they are.

Okay. Yeah. See I see the And

then the six conditions.

There's findings. The conditions are above it. Correct?

Correct.

The conditions. So the sit yeah.

Oh, yes. And the conditions are yes. In the in the

Such as the eight foot fans and the and the lighting, etcetera.

Those are listed in the staff report, though, right?

In the staff report. Yeah.

Yeah. So they're already there.

We just checked through there. It goes I'm just verifying. It looks at the illumination. Yep. And it also looks at the color of the light pole. That'll be black, so I think we're good.

And they're the same six that are listed on the screen.

Perfect. Okay, good. So we've got that motion that stands for Mary, correct?

Yep.

Okay. Who will second it?

I'll second that.

Thank you, Kendra. Okay. Let's put this one to a vote. This is for approval of the site plan with conditions and findings as listed in the staff report. So let's start with you. Mary, how do you vote?

Yes.

Kendra?

Yes.

Susan?

Yes.

Lisa?

Yes.

And Laura? Yes. Okay. Alright. Congrats on that. And then good luck with that fence. Maybe go eight and a quarter, right? So you just keep a nice barrier between that residence. So just give a little extra gusto, but that's I didn't say that. But thanks. Welcome to Draper. We're happy to have you. Let's go ahead and move on to the next public hearing that we've got. It's the Jones Lawn Mowing LLC. It's just a home occupation conditional use permit request. And it's on behalf of Neiman Jones representing Jones Lawn Mowing LLC. It's a request for approval of a home occupation conditional use permit on approximately 0.34 acres, and it's located at 191 East Browns Loop Way. It's known as application 2025Dash0273USE. And again, Nick Whitaker is our staff contact. So go ahead, Nick.

Thank you. So yes, this is the Jones Lawn Mowing LLC home occupation conditional use permit request. Here's a vicinity map. The property there is in blue in the middle. Here's an aerial map of the subject property. As you can see, it's a corner lot. The entry to the home faces the south. The garage is loaded on the east side. I will note that the driveway exceeds maximum driveway width. And I will get to that in my presentation.

Land use map. So the land use for this property, or the designated land use, is residential medium density. Zoning, it's in the RA2 zone. Real quick, just kind of a synopsis of what the applicant does in terms of business is they provide a lawn mowing service. They have all their equipment is kept at the property.

Here's the site plan. The equipment is kept in the third car garage, and that includes a trailer and approximately, I believe it's two zero seven square feet total of storage space used to store the equipment, lawnmowers, things like that. On the driveway, there is a dumpster. It is in this area right here. The applicant has provided screening for this dumpster.

It's a vinyl fence, six feet in height. Since this is a corner lot where this is located, actually, it wouldn't be considered front yard fencing, so he wouldn't need a conditional use permit to have the six foot screening around the dumpster. The applicant does have two employees who come to the home to meet up there and then they go to their sites to mow lawns. The applicant has provided two off street parking stalls for their vehicles. And then in addition, the applicant does have a vehicle, that he uses for both personal and, business uses that he, parks on the driveway.

Here is the floor plan. You utilizes a very small 13 feet by six feet space in the within his home to do business administration for his business. Here is the driveway compliance issue that I'd touched on earlier. And the applicant is actually at at the time of this picture, is actively working on cutting this back, as you can see. So city code allows for a maximum of 30 feet in width where it touches the back of the sidewalk.

The applicant exceeds that, So he's cutting that back. So as a condition of approval, we've added that in that it be that his driveway be brought into compliance, especially since he's utilizing this driveway for his business. This is the area where, his, employees park their vehicles. So the identified potential impacts are employees coming to the home and associated traffic, business vehicles parked on the street, as well as employee vehicles, noticeable storing of inventory and supplies in the yard area, as well as keeping a dumpster at the property. The proposed mitigation is that all requirements of the Draper City engineering, public works building, planning, and fire divisions are satisfied, that a Draper City business license should be obtained, that no customer shall come to the home, that no customers sorry that ended up on there twice, I apologize, no customers come to the home, and that the business shall be limited to a maximum of two non resident employees, and that the employees park their vehicles in the designated off street parking stalls as shown in the site plan, that the storage of all inventory supplies and equipment shall be located inside of the third car garage, and that the dumpster shall be screened and the lid closed except when being filled or emptied, And that the dumpster shall be maintained at all times and properly emptied at least once a week.

And that the business or business operations shall not create any of the nuisances listed in DCMC section nine dash 34 dash zero four zero gs. And that the applicant shall bring their driveway into compliance by reducing the width to no more than 30 feet. So here's a photo of the south side of the property. And the east side of the property. And as you can see, this right here is where the dumpster is and is fully screened by a vinyl fence that matches the property's fence.

And that's my presentation.

Nick, will you go back to the picture just before this slide? Sure. Right here. Where are you measuring width of a driveway? Is it on the cut face or the cut portion of the curb? Or where are you how do you measure it?

So it's from where essentially where it touches the property line, which in this case would be the back of the sidewalk here. So we'd measure it from here. Here going this way would be north. So heading this way until we hit 30 feet, at which point anything beyond that is noncompliant. However, the code doesn't specify how much it needs to be cut back from the property line just as long as it's not.

So you're just making him cut a two inch gap between that sidewalk and the extended parking?

Site plan chose more than two

inch gap.

I mean, it would be compliant, right? I mean, yeah.

So you're not counting the part where the employees park. That doesn't count in it, right?

Yeah. I'm saying that that employee parking is butting up against the sidewalk. There's got to be a gap between the sidewalk. He's got too long of a run of cement to cement, cement to sidewalk.

Yeah. So if it's touching the sidewalk here, then it is not compliant based upon our code. So if it's cut back, employees park their vehicles here. I mean, I mean, this is what this area is being used for is for the employees to park their vehicles, the two vehicles here, and to store the dumpster up there.

So it's just that parking space parking area of cement that can't touch the sidewalk. That's the bottom line.

Yeah, it's just the width can't exceed 30 feet. So yeah, that's a way to look at it. Yes, it's

something you'd hardly see. It's just this is a corner lot that just I'm laid out that

just thinking about my neighborhood too.

There's

a driveways on and all that stuff. There's five

inches gap there. You'll notice in a lot of neighborhoods how many driveways kind of taper out. That's typically the reason why to get around that piece of code.

Got it.

So is there a maximum width anywhere in our code? Or is it all about just touching the sidewalk? Well,

so let me pull this up here.

It just seems like a, I get the distinction, but in a case like this, we're looking at kind of a ridiculous application. And I get we got to do what we got to do. We've got the code that's in front of us. But I'm just curious if there's a maximum somewhere or as long as it doesn't touch the sidewalk somebody's driveway can go as wide as they'd like?

So the code doesn't specify. All the code specifies is that the width can't exceed 30 feet. How they go about achieving that beyond 30 feet.

The width at the sidewalk can't exceed 30 feet.

Sidewalk or the property.

It's typically the sidewalk, but it's

That's where he's seeing. Then on some residences, you'll see the driveway here and then they have Yeah. A

But Yeah.

And it of But

that's my

arrow. We're gonna open up the code. It does show some it does have some images in the code for for driveways.

Well, you can you can go back to his site plan too. And if that's a condition of approval, you can look at his site plan too. It looked like quite a bit bigger gap. Then we'll ask the applicant. We can just ask him while they're up here too if they're going to plan on

And as long as it's compliant, like if staff deems it compliant, I'm fine with that. I'm just curious what the text of the code says, I guess.

So can you throw gravel in there or pavers? Mean, what Code doesn't specify. Sweet.

Yeah. So often with driveways you'll see where you have your main driveway to the garage and then side driveways to kind of angle up. That's because they can't just bring it to the full sidewalk.

And then people usually fill it in with gravel and pavers and everything. Right.

Is the point though that we only want so much entry way like, you know, there's variability to the height of the curb for the entrance to the driveway. And and is I don't know. Maybe the reasoning doesn't matter.

Is it so we don't have these big long runs of just curb cut driveways that are just That's the the word. The hole. Yes. Whole sewer or water runoff curb goes away, and it's replaced with just a large curb cut.

Okay. This is helpful. Thank you.

Yeah, we've never well, the closest one to this is that applicant that came in and wanted to park a whole landing landing strip, right, of trailers down his side lot. Remember that? And that was not even sidewalk. I think that was like a trail, like an asphalt

Yeah.

Trail system that they had there. So over by Juan Diego.

Don't know. Yeah.

So Okay. There we go.

So it's all about

access to the driveway, not the width of the actual driveway. Yes. So the access.

So once yeah. So once it's on their property, we're not so concerned about the width of the concrete. I mean, are some landscaping standards, things like that that the proposed driveway doesn't impact. Right. It's more the goal is to limit how many driveway accesses there are on the street, how wide they are, that kind of thing.

Okay, that makes sense. Thank you. That is actually very helpful.

And while we're talking to the applicant, will you just pull up their site plan that they've submitted with the little colored blocks on it and we'll go from there. I think that'll be helpful to have up while we're

Answer asking some to the question of what can go in that gap. Anything unspecified?

So the code doesn't call out materials that must be used or anything like that. I would defer to Todd or Jen on that question. Landscaping.

Landscaping material. You look

at his site plan right there, you can see where dumpster is. That runs parallel with the end of the driveway, right? There's your 30 feet, what have you. And then he's got quite a bigger gap in there. So we'll just ask him when he comes when when they come up. Okay? We'll just but if you'll leave this up, that'll be great.

So how many inches did you say? Two? His or

It doesn't say.

Well, right. But somebody gave him some instruction. Right?

He's gotta cut it. I mean, like like I said

And then somebody looks at it and says, looks good.

Again, let's let's ask him if that picture we saw is done

or Right. Right. Okay.

And to heaven forbid, you can't touch that sidewalk. Alright. Anything else for staff?

Yeah. Have a I I have

a question. So

one of the conditions does say that the equipment, etcetera, needs to be stored inside the third car garage. And there is a trailer. Mhmm. In the condition though, it doesn't specify that the trailer has to be parked in the third car garage. Says all the equipment and blah blah blah. I'm wondering if we because when I drove by there yesterday, the trailer was parked on the street.

I

I'm assuming it was his trailer because it was in front of his house. Maybe it was somebody else's. I don't know. But I'm just wondering if that if we should make that as part of the condition, the trailer because it just says equipment blah blah blah. It doesn't say trailer. Well, yeah.

That's the question, I guess, right? Yes. So is the trailer equipped?

Right. I think maybe you want to specify that trailer included or whatever.

You know what, I just reviewed condition number seven where that should be mentioned and it's not in there so I wouldn't mind modifying that condition to include that at all. Yeah, to include the trailer in that.

Because I think that's the intent, right?

Absolutely. Okay. So let's make sure when a motion is made that we had that condition because that's not listed in the report. Good catch.

Right. Okay. Thanks.

Thank you.

So I have a question about the dumpster. I have been here a long time, and I don't know that I've ever seen a dumpster on a home occupation permit. Does the staff have anything to add to that request? Well, go ahead.

It is not something common. However, providing screening around the dumpster, they are following code to have that dumpster. Mean, really, as long as it's screened, that's all that

we Otherwise, as mentioned, smell.

Right. Yeah. And that would go into nuisances. So I mean, if it does create smells or if maintaining it creates noises or vibrations from dump trucks coming to pick it up and so on and so forth, I mean, that could be an issue. So it would be the applicant's responsibility to maintain that dumpster. So it's not creating any of those issues.

So obviously, it's not disallowed explicitly in our code.

That's correct, so long as it's screened.

Just for even a residence, just a residence, not even a home occupation, right? Right. There you go, Mary. We can have dumpsters and

Do you want to give a little

bit more We're hands or

learning to

have a dumpster.

Can have my own dumpster.

Screen it and clean it.

I'd barely fill up two trash cans.

All kinds of new All things tonight.

Have a bit to add to that answer.

Okay, thank you.

So a home occupation conditional use permit is, the idea behind it is are we going to allow businesses in residential areas? And what we're trying to do is look at the disturbance of the residential area by the business and see what type of changes to the residential feel and nature of the neighborhood there will be by virtue of the business being there. And then what you're trying to do with the Planning Commission is look at those detrimental effects and see if conditions can be imposed to mitigate those detrimental effects. And so that is something that you probably should be taking into account when you're making your findings, when you're making your decision, we would hope that you would look at those very broad concepts that are applicable to every home occupation conditional use permit.

Thank you.

Well, and there have been times in the past where or maybe a time in the past where a permit was denied when There was something proposed that wasn't explicitly forbidden in the code and yet we came to a determination that it was problematic because it wasn't appropriate for a home occupation. So I don't know, it was kind of the first thing I thought of when I saw Dumpster, but I'm willing to listen and see what we hear and then make a decision.

Are you thinking of the welding tanks that were in the

Oh, no. I was thinking of the forklift.

Oh, yeah. With it beeping around, the beep beep in back lot. Interesting. Yeah. Yeah. I remember that too.

But I forgot about those. Yeah. Yeah. And the welding. Yeah.

Well, we'll talk about that. So that'll that'll be good. Thanks for clarifying all that that you may or may not you may be able to have a dumpster as long as you're not a nuisance. Alright. Well, is let let's go ahead and thanks for the staff and all your input on that. Let's go ahead and invite the applicant up. Is the applicant here? Hi. Come on down. If you just state your name and then you can add anything to that presentation that you'd like. You can kind of see some of the questions we've got, but we'll have some for you as well.

Yes. Thank you. I am Neyman Jones. This is my residence. First, regarding the driveway width, what you'd seen is 29 and a half feet wide, which was which was originally there.

The approach to the to the driveway was was existing when we bought the home, and that is also 29 and a half feet. When I when I did learn that that I could not be touching the city sidewalk, I I had that cut off. To the north, just where where it says the the parking area, back behind the gate, is a 12 feet wide by 39 foot long RV pad, which has my I've got a smaller trailer that I use for my four wheeler and also for loads when I do cleanups and also an enclosed personal trailer that I keep the emergency preparedness in. The trailer that was seen the other day on a drive by is not my trailer. I I know whose it is.

I can ask to have it moved or whatever, but that was not my trailer. As far as, the the trailer being in the garage, it's it's easier to to just back my trailer up into the garage with all my equipment in it instead of unloading and loading up every day. That way, I I can just hook up and and leave. And, you know, and then I'm I'm not I I'm not in the area for an extended amount of time just, you know, I I can hook up and go and be ready at that.

So you do have a a trailer that goes that is association associated with the lawn mowing equipment. Right?

Yes. Yes. All my all my equipment is in the trailer and and and that's that's why it stays in the garage is is because that's it's the equipment is is quite expensive and this way it stays locked up overnight.

Okay. Thanks.

Perfect. I had a quick question just on the layout of everything. So the office, if you can go to the next picture that just shows the screen dumpster, the actual photo.

Yes.

So there's one more, one right there. So is that little window so I envision this differently that the three car or the two car garage was to the front of the house. But it looks like so you've got cars parked in the single car garage. You've got cars parked in where that white truck is. And then would it be safe to say that just that storage space in that garage is for that trailer that you just described? That would go right there. Yes. And is that small window your office space? Is that accessed through the Yes, garage

would be office space. That's actually my laundry room. All of administrative issues can be done on a laptop computer. And and it's it's in that area that I have my printer.

And then the bigger window there to the back of the house, that's part of the residence. Right? That's the kitchen. And then this gate that you're showing here over by the wheelbarrow behind that, I can see your enclosed trailer, that's where all those personal use trailers are, correct?

Yes. The enclosed trailer, again, is my emergency preparedness trailer. The other trailer is not seen.

I like how you got the cars coming in from the driveway and then parking this way instead of positioned, but they're coming up over that curb. Is the cut that we saw, is that the finished product? Is that what we're ending up with? Or are you cutting that even wider?

No, I'm not cutting it wider because I was told that Because

that's compliant.

You just didn't have to touch. The idea is to put road base and chat. Chat is real fine. Compressed gravel, really compressed. Just so that it doesn't touch.

Perfect. There you go, guys. So totally compliant. The good citizens of Draper go to the expense of putting some chat in there, so that's great.

Yes.

All right. I don't have any further questions on that stuff. Well, the dumpster, Mary, you have questions about the dumpster? That is yeah.

Tell us

about the dumpster pickup and removal. Is that the same we would see at, like, a school or an office building? Is it a full on garbage truck that dumps

the There's dumpster up a garbage truck that comes in four times a week so as to avoid over, you know, overfilling it to avoid smells. Four times four times a week? Yes. Wow. Yes. It's it's in and out within about five minutes. In in fact, there's there's a one of my neighbors asked me how often, you know, how often does it get dumped. And when I told him he he was astonished because he's never, never seen it.

And he lives just right across the street. That surprised me too.

I'm curious approximately what time of day it comes.

The the the truck that dumps the dumpster comes after nine generally around 10:30, eleven in the morning during normal business hours.

When you say dumps the dumpster, is it emptying the dumpster that's there or bringing you a new one, taking the old one?

Emptying the dumpster that is there.

Okay. So it's the same dumpster that stays there?

Same dumpster that stays there, yes.

You can tell that's probably our biggest concern. That's Mary's right to flag that. That's probably the biggest identifier of this is not a residential service, right, to have a dumpster come in there. And it's yeah. It's amazing that the neighbors haven't heard that because when the dumpsters are getting emptied at our school, it sounds like the, Camp Williams is shooting off their their their tanks over there.

It it just I mean, there is, it just doesn't really make any noise. It's just in and out really quickly.

I've been in plenty of hotels and apartments. I've been around dumpsters and not even that close. And you hear it. You hear the beeping of the backing up. You hear the noise connecting to the dumpster, dumping, putting it back on the ground. I mean, it's a very loud process. So I will tell you right now that, for me at least, is a problem. And I am open to hearing the neighbors' perspective. I am also curious what kind of waste you're putting in the dumpster.

Basically, it's lawn clippings. Long clippings and leaves, yes.

So I'm almost wondering if it's more of a nuisance to have that. So you've got a smell and you're trying to evade the smell by with Yeah.

All the debris that goes in is in plastic bags.

And does it do you fill it or mostly fill it every single day?

Yes. Is that why you get it? That's why it's

four times Yes. A

Because I was almost hoping that if it's just the smell that you could just cut

that down the way it's a waste of

light garbage.

Having the dumpster if if if I didn't have the dumpster, I would need 20 to 30 city garbage cans, maybe even more. And on you know, it would it would to to have the to have the city come and get that would be a a lot more inconvenience. That's our point is that it's not

a it's a residence. And so yeah. You would be giving it as a commercial dump site.

To just have the the the, dumpster Yeah. Truck coming and get it.

Yes. For your business, that is better route for sure. But what we're looking at here is appropriateness for a neighborhood. And a dumpster that fills up and needs emptying four times a week is, for me problematic. And when we get to the point where we have things that are so problematic that we can't mitigate, that's a good sign that you need a commercial property.

Or that's a signal. I won't make any definitive statements, but I think that's the point of why we're reviewing this. And I think that's consistent with some of the public comment we've received because your business is functioning right now out of your home, correct?

Yes.

Just haven't had a permit. Public comment. Have you seen letters?

Yes. There letters?

Got some emails this afternoon.

I would like to address that. The the the during the during this last season, there was an issue with one of my dumpster where the dumpster needed to be replaced. And and the where that complaint came from was during that replacement process on on just one day. It was a lot earlier than what I expected. And and that unfortunately, the the the truck had brought the the wrong replacement. And and just during that process of of of getting the getting the old dumpster out and the new dumpster in was when there was that that issue, that concern from the neighbor.

Have you this is just a thought. Have you ever you're paying for this dumpster anyway, and is there have you ever thought of actually just moving this dumpster or or giving this dumpster a home at an agreement that you make with a commercial office building or something of that nature. Mean, obviously, you know, offices don't want people dumping in their dumpster because they have to pay for that removal, etcetera. Have you ever looked into just saying, hey, can I just, pay for my dumpster and your dumpster and let my dumpster sit here and get removed four times a week and have your employees then empty into that dumpster that may be somewhere here in town but at a commercial site? Have you ever looked into anything like that?

I have not. I do service for Jensen companies that's just on Minuteman, basically just to the west of me. I can ask them.

So that's just a thought, man, that I'm thinking if you're paying for this service, don't mind that you're doing it. You're being a respectful neighbor to the mean, and logistically, can see how this works. Right? The guys either have to go out to the dump and go dump a a load at the dump, and that's, you know, two hours every day, one hour out, one hour back. Or if you go to one of these gensing companies and just say, Look, can I just set my dumpster here next to yours? Obviously, I pay for it. It'll get dumped four times a week at your expense, not theirs. And then whatever you work out to rent that space, that might be something that might mitigate so that he can still run this out of his house, but just just just relocate that dumpster. So just something to think about as we talk through this. This is a public hearing.

So after we're done with you, we'll let the public if they're here, we'll let we'll get their input, then we'll invite you back up. Alright. And then we'll go from there. Does that sound fair?

Yes. It does.

K. Perfect. Anything else you wanna add right now?

No. Not unless there's any other questions.

What what size of the truck is this dumpster? I this garbage truck. I can imagine the Draper one, but I wouldn't No.

No. It's it's it's a it's a four yard dumpster, which basically it the the back of it is is about five feet tall. The the front is about four and a half. And it it fits in that in that fenced area, which is seven and a half feet wide and seven may maybe seven, six and a

half feet deep. You're asking the size of the truck.

Yeah. The truck that comes to empty The the

truck. The the truck is a a regular truck that grabs the dumpsters.

Like like a big garbage truck? Like The two. Two

forks, and then just dumps it overhead.

And and he's he's he's on my driveway when it gets emptied. So so he's he's not backing out into the road and then coming in and backing out again. He's he's in dumping, dropping, and and then back out and go.

So he pulls in forward facing, is

that what

you're saying, then dumps

and then backs out?

Yes. That's correct.

Okay. Thanks. Can I ask about employees? How many employees do you have?

There are approximately eight employees. The two that would be at the house, they're on my weeding crew and so basically they would park on the cement there and take my other truck to do that. The the other employees are I I picked them up at a different location. And so so I don't have any employees parked on the street. I I know that that that has been a concern. There are a lot of, a lot of cars on the road. Those are people's personal cars. Those aren't my business cars.

Is there enough parking for your family, or are they displaced or people who live at the home or are they displaced their parking spots displaced by your employees parking?

No. No. No. They're they're the The parking spots are not displaced or my family is not displaced by the employees. And

your family is allowed to park on the streets, so we're not here to try and control anything to do with that behavior. Okay, I'm just curious. Thanks.

All right. All right, it looks like that's it for now. We'll invite you back up. Thanks, Damon. All right, this is a public hearing as before, so we'll open this agenda item up to public comment. Who would like to address this agenda item? You can come up and take your three minutes. And if you'll just state your name.

Hi. My name is Elise Benjamin, I actually live right across the street from him. And I'm there every day, and I hear the dumpster, and it's just fine. It's just like your garbage man that comes every week. And the one the private lane, they have the guy, he reverses back, goes and gets the garbage, takes off. It's the same. So I don't have a problem with the dumpster. It doesn't have any smell. These guys have been great neighbors, and this is his livelihood. I would feel so bad if this affected their income. Mean, put yourself in that position. The dumpster is not an issue. And I know the majority around me that's right across the street in the little alley, we all feel the same. So that's what I have to say about the dumpster.

Great. Thank you. All right. Anyone else? Again, if you just state your name. Hi.

Thank you, counsel. Sorry. Wrong meeting. Commission. My name is Sean Benjamin. I also live across the street. That's my wife. I'm at 192 East Browns Loop Way. And I would really repeat the sentiment that she expressed. We don't have any problem with it. We see it, we hear it, it sounds like your normal garbage truck. I mean, it's no worse than on a Friday when we have garbage and or recycling. And then we've got a private lane right next to us. I don't know if

you can pull up.

Can I ask them to pull up the his site plan there? The site plan, to the east of him is a great neighbor, the Wittesons. It's a seven foot tall brick fence that goes the entire length of that site. It's his backyard. There's no neighbor on that side of the street, right? So you can see he's got like a trailer, he's got empty lot, his house is on the corner. You know, it's a great property, but there's nobody on that side of the street that's complaining. In fact, he's not here. His name is Wittison. Last name is Wittison.

And he didn't submit a comment. My name is Sean Benjamin. I live directly south of this. And for me and my part, I've got a car parked right in front. Google's Google's caught me. Right? That's family. And to your point, family isn't regulated by the parking requirements in this city. So the other part of this that I would like to reinforce is again that I think the city staff has got it right on the driveway part in terms of not having a maximum. It's not in the code.

I think it's nine, ten, seven, five and the series of exhibits that are in front of that in the code. They specifically show that driveway width fanning out. And and really the only limitation to that width is at the drive entry, not at the driveway. And I I gotta say, you know, I I'm I'm a part of a government affairs committee, and I'm spending a whole lot of time up on the hill these days. And so I work with a lot of legislators and see the nuances of code and the effects that it has on real people and real families, real communities.

So I can appreciate the position you guys are in having to make the decisions that you're making. My feeling though is if it's not codified, it really the tike should go to the runner. We're not here to diminish people's capacity to earn a living or diminish their capacity to be a part of a community that they love. And quite frankly, we've read some of the emails and we just we don't see it. We're right across the street and we don't see it. We appreciate these guys. We've lived here about five years and in all that time I haven't seen them. So thank you.

Perfect. Thank you. Anyone else? All right. We'll go ahead and wrap up our public hearing. We'll close the public hearing at this time. Thank you for that. All right. Do we need to bring the applicant back up?

I'm wondering if it would be a good idea to take a short break to make sure everybody has a chance to review the public comment that we got via email since we have an acknowledgement that not everyone has seen that?

I've read it. Has everybody else read it?

Oh, had seen it.

I've read it.

Oh, okay. Thought there was, it sounded like there was a surprise.

It was just me, Mary.

Okay.

Well, I I read the report yesterday and so I didn't see this email today. Yeah. But I've read

it. Okay.

Great. Well, let's talk about this a little bit. So really the only as mentioned before, would we agree that the dumpster is the only sticking point? Everything else has been mitigated. Parking, employee parking, driveway access, driveway length, all of that's been mitigated. So with the dumpster, what is the recourse? Let's say, great, we say yes, it's screened, it meets code, everything, and it just becomes a nuisance, whether it's smell or which I don't think it'll be, right, with four times out of the week. Probably noise. But noise. What happens, you know, all the neighbors move away, new neighbors are in there, and Mr.

Jones is still making a great living doing his his business and quietly doing that and and the neighbor complaints what's the recourse what happens then here at the city

well it would be the responsibility then of the Nate neighbor who's bothered by the dumpster to contact code enforcement and begin making a record of these events. And when that would happen, it would pretty quickly get to planning because the property would also be noted to have a home occupation and we would then review conditions of their approval and if that is in the condition, then we would have.

And I've asked that question before and the answer is the same, right? So that's the recourse. So without it being, Mary, I would say that, yes, it's allowed by code. The current neighbors

It's not disallowed by code, I think is probably

better way That's a better way to put it. Yeah. It's not disallowed by code because it's been screened. And so at this point, I don't get a vote, but that's kind of where I'm at. I get it. And in certain neighborhoods, this one's laid out I mean, did you see the properties around it? It was good to look at that. And these are huge, huge lots. And I would almost submit that in tighter neighborhoods like the ones you and I live in, Mary, we would hear the garbage trucks all day because they're going across all four.

Those lots are not that much bigger.

Look. It's right. It's I mean just right there on a little

No. Over here. I, you know, I take the point that

They've got a pond over there.

There's not a neighbor to the east, and the neighbor that spoke to us at least to the south.

You got a private lane.

Got a bunch of Yeah. And then we've got the private lane, which has just recently had to go to private trash pickup. Right? Not necessarily a dumpster, but an additional garbage truck coming into the neighborhood probably on a different day I than city

guess what I'm saying, Mary, is there's as the crow flies on a radius around my house, I would have

More neighbors.

Would have more beep beep and more noise and more garbage cans being picked up and put down than probably this neighborhood would experience even with the four visits, right? I did think that was excessive, but at the same time. Again, I don't get a vote, but that's the way I would kind of approach this is to say, as you guys consider this, give it a whirl, see what happens with that. There was that one complaint, right? And it sounds like it's because they had a new dumpster swapped out. That's why I was asking if the dumpster swapped out or not every time. That one was delivering in the morning.

That was not the way it was characterized in the email, I'll say. It wasn't a one time event. So maybe the applicant should come back up because I would like to ask

Let's talk about that a little bit more because it relays the wrong words. Nayman, come on up if you would. And then see, this is just the sticking point. This is it. You did a great job cutting that two inch swath out. Nice job on that. So we know you're a good citizen. So what can we do about this dumpster?

Yeah. So there there is mention of 06:30AM in one of the emails being a being a time. Obviously, think we all understand the That

was that was when the dumpster got swapped out. And and and, like I say, I was surprised that the company came that early to do that.

Okay. Well, and I will say that is not how the email characterizes it. It it says the garbage truck that empties this dumpster shows up at 06:30 a. M. So the characterization is that that is on a regular basis.

No. No. That is not on a regular basis. If you would like, can contact the company and get a time and date of every time they've come over the last year.

We don't need a history. What we need is compliance moving forward. And I think I'm inclined, if this were to be approved, I would be inclined to put a time limitation on when the dumpster can come. And that's something we need to discuss.

So that would be during business hours from nine in the morning till five in the afternoon?

Something like that. Yes.

And that's normally when the truck comes.

Well, and so you need to understand that that may to some degree be out of your control, but that's something you need to figure out how to control. Because if if that is a limitation placed on you, on your business, then if it happens once, you're out of compliance.

I understand.

And you're Yes. I'm pretty sure the city will hear

Yes, yes, about they will. The route that the driver does, I'm either the last one or second to last. And usually, like I say, usually it's after ten in the morning, most likely before 02:00 in the afternoon. So it's it's right in the middle of the day. You know? The the the the one issue was when the dumpster was swapped out, and and that's not that that's a onetime deal. You know, I had had my neighbor come to me and and said, hey. What what happened? I could I could have explained it. Unfortunately, I I have some neighbors that would rather not come to me and go to the city to to raise their concerns.

However, yeah, that that was just a one time thing, and and it's it's extremely out of the normal.

How realistic is it you would follow the suggestion of putting the dumpster in a business parking lot and having your waste dumped there and paying them?

I would be able to contact the owners of Jensen Companies and speak with them about doing that.

I feel like for me, I kinda share the sentiment of Mary. I I think it's a slippery slope between running a home based business and invading a residential neighborhood. And I think you have a right to do everything you want to as a a resident in your neighborhood that complies with resident use. But it's kinda gets slippery when we say store a work trailer, have employees park there, use office space in your home, and have a commercial dumpster. Those kinda start to bleed into having a commercial business in your residence that is well beyond what a neighborhood residence is.

And so to me, the biggest sticking point is the dumpster because that is the one thing that no other home based business that we traditionally approve has that feature. And so if you could mitigate that by putting it in a nearby commercial business, it seems like you would satisfy all your neighbors' issues.

Yeah. Even the future neighbors. That's really what I'm looking at right now is we've got current neighbors are okay and that's fine. And again, nobody wants to have beef with their neighbors. I get it. I don't. You don't. Nobody wants that. But if that's a real fix for this, do you see that I mean, is that the same cost to you? I mean, do you see any one of these business partners charging you even more for locating your dumpster there because you're paying for the four pickups anyway

I whether it's here or would have contact that business owner and see there would be a cost for me to do that. What what what you know, when they already have a truck coming, which would be fine. I I would assume. Yeah. But I would definitely have to talk with them and see Sure.

Of course.

If that was would be a little

And and what we're faced with tonight then is if we put something like that as a condition, we would be putting that in without you knowing whether you can do it or not. And at the same time, we don't want to bump you, you know, because you've you've paid your application. You've been able to come in here. What what do you what do you suggest we do with that? We've never had that where they need to go check on something. They usually can answer, make the executive decision like, I will or I cannot or I won't or I will. But this one, they need to get some outside approval on that. So we hate to deny it just because there's a fix and we hate

If continue approve it to if the next can't be meeting and ask for him to do that research to come back with an answer. You could do a condition of approval that he find an off-site location for his dumpster and if he is not able

Will that cost him more application fees or anything like that? We don't want it to cost.

It would.

With the continuation?

Not with the continuation. He comes back in to amend.

That's what I think would be the best solution not to add more cost.

I also point out too that if you were to outsource his dumpster to another property, that would require creating a dumpster enclosure on another property

that's a good point too Nick

I do have a question on that yeah with with the business if I were to put it on a different business do businesses have to have an enclosure for their dumpsters Because there are businesses around that do not, that are in business areas.

It's a good question.

Can can answer that?

Yeah, don't. Can you Nick?

You should have a dumpster enclosure.

Well our school, the elementary school right next to my house has one for the garbage and then the recycling one is just blown in the wind along with all the cardboard boxes.

Our code requires a six foot tall dumpster enclosure with masonry walls.

I'll see that.

Commercial properties. Schools aren't commercial.

And churches, they can do whatever.

That's right, they can do it.

So See, so that guys, that's a really that's low probability that that'll fly.

Well, I'm uncomfortable with four times a week. And I'm glad he has supportive neighbors here, but not everyone loves that. Think, I mean, we've seen. And I would like to give you an opportunity to see if you can take care of the dumpster since at least two of us, I think, are really uncomfortable with a dumpster and four times a week. When I was reading the staff report and it was suggesting once a week as a proposed mitigation.

At least once a week.

That's where I was like, you know,

I'm Even with once a week, you

were Maybe we could allow you know, I was really on the fence. But when you said four times a week, I just that just screams at me that this might not be an appropriate home based business. So if that one thing could be mitigated, then I feel like I'd be really comfortable. But I'd like to give you an opportunity to do that and see what you can arrange. But I know how others feel except Laura.

What is the reason for the four times a week? Is that something that can be reduced without greater impact? Don't think he said that.

Fill it every night. Could possibly reduce that to three times a week. But with the four, it's better for basically, it's better for the neighbors because it's not sitting there and causing an odor at

all. But

it does fill up on almost a daily basis. You have enough clippings that it's a daily

Yes, that's correct.

Yes, so it wasn't even for odor. It was just that's the volume.

Yes, odor and the volume, just the volume.

Well, what do you think about the continuance just to see if he can get a handle on it? Take a week to figure it out.

Yeah, a couple of weeks, a month. I Well, mean

just enough that you can still keep working.

Okay. The I understand that and I can I can do that? I could find out probably in the next probably tomorrow if if that's something feasible and what I can do with the dumpster. My my bigger concern is is that my license, my business license, which I've had, is being held up because of this. And I need to start with the first aerating and fertilizing applications. And so I need to have I at least need to have my license that I can do that. So I'm in compliance with having a license. Then this, the conditional use permit, I could get that with the idea that the dumpster will be gone, that would be

Let's see how we can work around that real quick. So can we go to that second option then instead of continuing, just put that on as a condition that the applicant will take a certain amount of time, a week, two weeks to relocate the dumpster as a condition of the home occupation? Yes.

Yeah, you could do that. Okay.

But you understand if that's what we do and you don't relocate it, you'll be out of compliance and you'll have to come back to either amend

And if cannot find another location for that, I'll just have it taken away and I will have to do something different.

Okay. If that's a commission that's imposed, what's a reasonable time frame for you

to be able to investigate that?

All honesty, there are two to three properties that I work for, business properties that I work for right now. It would take three or four days to find out if that's available, if that's an option.

So if we said two weeks?

Two weeks should be more than plenty.

Okay.

Cool. Now does that mean to have it moved to that location or does that mean just to have something set in place? The dumps right now is empty and I don't start having that picked up until April 1, April 15.

That's a

good point too.

So you're not even utilizing it at the moment? No,

doesn't get utilized from November.

So I guess I would propose that, before it before it needs to be emptied again. Right? Like, so you don't have it empty.

Why don't why don't we just say April 1?

April 1?

Okay. It doesn't I'm not doing any work in that regards right now.

You need to do all your spray and preseason stuff and

it's not blowing off. It's just sitting there. It's been sitting there since sitting there empty since November 1 k. Or December 1 maybe.

If we said April 1, would that give enough time to get it rescheduled on an agenda before his April 15?

It'll we're just gonna do it now. So he Oh. Biggest concern is his business license is held hostage here. And so he needs to do stuff that has nothing to do with this dumpster that's not going to bother anybody until April, right around there. So I think that's the way we'll go about that. We'll put that instead of continuing and all that jazz, we'll just get you, we'll get something pushed forward here. Todd? And,

Chair Adams, if we could also raise another concern on the staff side, which is because of the additional information that was given, You may note in the conditions that it would limit the employees to two. We're hearing here that there are eight. So if you're going to go ahead and improve that, I would probably suggest there a Are

you concerned with how many employees total or how many at this No.

The concern is that if you approved with the condition, they're limited to two and they have eight. That was not information we previously had.

But are you guys there who said eight that

are coming to the The

information on number of employees was given. The number of employees that come with me, they park at a different location, I go pick them up. The two that would actually come to the house, they would take my other vehicle and and go to a different location. So

what you're saying, Todd, is just say that the employees are eight and only two of those are at the home? Yeah. Yeah. That's that's all we're doing, Nayman, is we're just gonna get it up to be accurate. Alright. Thank you. So

But our our code doesn't limit total employees. It only limits employees that can

come actually to home. Talks about resident employees and non resident employees.

However you

And that's what I

Yeah.

So the the condition was to limit non resident employees to two. Whether

they come to the site or not, is that what you're saying, Todd?

Yeah. Whether they come to the site or had other businesses where they don't even come to the site, but we do need to indicate those.

So eight employees

Eight employees with two coming to site.

A huge difference from the typical one or two that we have seen

historically. Well, and code is too.

So code says employees, members of the family, I'm sorry, members of the family of the owner who reside in the dwelling may be employed in the home occupation. Non family or non resident employees shall be limited to one person. So that's what's permitted if you do a home occupation. So any more than one non family or non resident employees shall be limited to one person. Any more than that would need approval.

Even if they're not on-site, Nick? I'm sorry? Even if they're not on-site ever. It doesn't say that in the code? Yeah. Why wouldn't it say that?

Modifying the condition to read that no more than two employees can

be That's correct because I can think of plenty of circumstances where I've got 12 employees in New Mexico and one that comes to the house to do paperwork. So let's just work we'll work through that. We're still in compliance with code, but let's just make a note of that, that only two are at the house.

That's Yeah. I would note we've had other home occupations with non resident employees in larger numbers, but they're not coming to the home. Just wanted to make sure that that was clear on the condition.

Yes. It looks like you know what? We'll give your legs a break, and thank you for being up here. So we'll kind of hash this out, but thank you for all that And then you'll hear how we'll kind of work with you on getting this pushed through, okay? Awesome, thank you.

So

So we've got with that, so significant Yeah, you've got a couple of things that we'll want to write in as the motion parts of this motion, Mary. I'm probably going to let you. I'm assuming you're gonna tackle it.

Sure. Sure.

I don't I don't wanna be assumptive, but I'm gonna assume that. So there we go.

So yeah. Kind of. But well, yeah. But you can you can you are transcript.

So so we need so we need to mention

addition number seven, we were gonna include the trailer. Number seven include trailer. Mhmm. Well, no. No. We had talked about number nine as far as the hours or whatever for the dumpster, but I think we've kinda changed

I think we've just moved that on to

We're so we're still the dumpster. Eight and nine are the ones with the dumpster.

So strike eight and nine and then add an additional. Okay. And then the number five needs to be modified as Yeah.

Right. Two nonresident employees coming to the site. That's something. Yeah.

And then dumpster relocation prior to 04/01/2026?

Dumpster location off-site?

Off-site relocation, yeah. And again, if he finds out within the next two, three days that that's not an option, he can work with staff on what to do next. He'll have to come Exactly. Back to you Meaning what to do next, Okay, get back on.

How's that sounding so far, staff?

Did we hit everything? The employee, the dumpster and

I'm not clear on what you changed on the nonresident employees. I don't understand why you changed there because it's still limited to two.

Two nonresident employees, and that's not the case. We want to change it to say there are two nonresident employees who will come to the

Allowed on-site. Yes. Right.

So that doesn't limit the number of employees outside.

They can come over for a Christmas party, but it's I'm not making I'm not I'm not changing the code here. I'm just kidding. Okay. You'll have to conduct that off-site. I'm sorry.

And number seven include the trailer. Okay. I think I'm ready.

Okay.

I I move that we approve the home occupation conditional use permit as requested by Neyman Jones application 2025Dash0273DashUSE based on the following findings for approval and subject to the conditions listed in the staff report dated 02/16/2026 with the following modifications to the conditions for approval. So we're striking conditions eight and nine and adding an additional condition that the dumpster be removed from the property by 04/01/2026, and that no dumpster will be utilized by the business on the property. For condition seven, we are adding that the trailer is part of the equipment that shall be stored inside of the third car garage. And condition number five will be changed to limit the maximum of two non resident employees at the home.

Sounds good. Great job, Mary. Thanks for that modified motion. Who will second that?

I'll second it.

Thanks, Susan. Okay, let's put this then to a vote. So this is to approve the conditional home occupation request here with the changes as proposed. So let's put this to a vote. Mary, how do you vote?

Yes.

Susan?

Yes.

Kendra?

Yes.

Lisa?

Yes.

And Laura?

Yes.

Alright. Thank you. Thanks for working with us, and good luck on that. So we appreciate you being here in Draper. Let's see if we can make it work. Alright. Let's go ahead now and move to our final public hearing. This is the, city initiated Highland boundary adjustment land use map and zoning map amendment request. It's on the request of Draper City for zoning and land use map amendments to remove approximately 0.25 acres of property from the Draper City zoning and land use maps. The property is located at approximately one sixty one ninety nine South thirty three hundred East and is the subject of a municipal boundary line adjustment with Highland City.

It's known in applications twenty twenty six dash zero zero one seven dash m a and twenty twenty six -eighteen MA. And Todd Draper is our staff contact. Go ahead, Todd.

All right. Thank you. I'll make this one quick. This is just as you read an amendment to both the land use map and the zoning map to remove some property from those maps as we're making a boundary adjustment with Island City. Now this is the vicinity map.

This is on

that southeastern side of the city. The subject property is a very narrow sliver in this location. The Thailand City is purchased from the adjacent landowner. That boundary adjustment also makes a separate adjustment of some land in this area back into Draper City, but that's not the subject of this application. If it'll let me.

This is just the aerial map. You'll see that area there to the north where that would take place. And the land use here is that hillside or or low density. And then the a five zoning and then the sensitive lands overlay as far as the zoning map's concerned. So all this is doing is taking those colors off of the map, and those will then be part of Highland City. And they'll take care of the zoning for that. I've got a site photo here. I've put an arrow about how far back that property probably is from Suncrush Drive there.

Todd, I think we'd like you to go stand out there.

Want to

stand there? That's right.

Well, you know, I did have the little flag from a fire hydrant here to use

that as your rear alignment. It

was 300 patients from there.

But Andrew wanted a balloon.

Is a little ways out there. Red. Red. Yes. Was excited. I thought there was one. It was just the flag though.

Any other questions you might have for me? No. All right. Thank you.

Okay. Is

this a public hearing?

It sure is. So it's long awaited here. So thank you. All right. Appreciate that. Questions for staff? No. Okay. Good. Public hearing. We'll open this up for a public comment. Would anyone like to address this agenda item? Come on down. Sorry to keep you waiting with all the

I'm surprised.

You got a lesson in civics, local civics.

Oh, I've had more than I ever wanted, no. Not from here.

Than TV. So if you'll just state your name too.

I will. Thanks. It's Mary Ann Norling and I live in the cottages and overlooking this. So I'm here tonight because I wanted to know why Highland bought that little sliver. That was number one. So do you want somebody want to answer that? I have We'll a lot of

just let you give your input and then we'll make notes and answer your questions. So it's just send Okay. Only for right

I also want to know under analysis RR-twenty two, there is a Suncrest development agreement. I do not know what that is. I attended the Suncrest HOA meeting last night. They don't know what it is. So I would like to know what it is.

I do have a comment. I wish somebody would update the website map because when I look at the map, I can't see what's going on. But I can see what's going on below me or above me, actually. And then I would also want to know what is a hillside sensitive overlay because to me that whole thing is this hillside overlay sensitivity area but is not being treated as such. And is there a good point person to ask my questions at Citi because I was emailing Todd back and forth a day before yesterday.

I have emailed Brian, which I haven't gotten an answer. And that was in December. So is there a point person to ask these questions? And my other comment is when public hearing yellow signage goes up, can it not be behind a bush? So there we go.

Thank you.

Oh, it did it.

You did it. Great timing. Well done. You're very professional. Thank you. Thanks.

I have a lot of

So we'll let you go ahead and be seated. And then like I said, I'm writing all these down, and we'll get you some answers after the public hearing. So thank you. These guys have earned it. They stayed until the last. So anybody else want to make a public going once, twice. Closed. All right. So no more public comment. Todd, we've got a couple of questions here. Why, what, and what? Okay. So here we've got why did they what was the reasoning behind this? Maybe you can kind of share a little bit about that.

Yeah. I don't know if Spencer or Tracy know better, but I've heard that this would be trail. So I For understand trail they access? Adding it to some portion of their trail.

With the Alpine Hollow development that's going in directly north of this property, I think Highlands City is exploring trail options and they purchased this property from the adjacent property owner Alpine joint ventures as a potential trail location whether that's what they end up doing with it or not we don't know it is up to Highland City to decide what they want to do But that property is now owned by Highland City, so the goal tonight is to remove it from our maps as the city and Highland are adjusting the boundaries. Their city owned property is within their city boundaries.

Now they can do whatever they want with it but that's what you suspect they might do? Correct. Okay. Then Suncrest Dev Agreement long gone, correct?

Yes and no. It still is codified in our ordinance that it governs in the areas of Suncrest. However, we did look at this and it looks like there may be a discrepancy in in just where the parcels line up. And and so it may a little portion to the north here of the previous easement there may have pulled that in. And so that's why it's in the staff report, but we're fairly certain that this actual property is not in that development agreement area. Interesting.

Okay. And then what is the overlay, the hillside overlay, what was referenced there?

Yeah. So that is the nice little pink dots here. I don't have it on a larger map to to kinda show all the areas that would be in that. But most of Suncrest, South Mountain, that side of the city is in that overlay zone.

What does it mean? You just can't touch it? Like

It just has some additional restrictions and requirements. It imposes some of the geology geotechnical requirements little differently for that area when we're looking at potential hazards, things like that.

Is this the same that's all behind the properties up on Mule Deer? Do they have the same overlay? Does it extend all the way up to that or is that something different? Because I The remember seeing it

the Hillside Sensitive Overlay Zone is basically Highland Drive

Got it. That's why we don't see it. Okay. That's why it's here. Got it. All right. I think I've kept track of all those. Commissioners, are your thoughts on any of this? And then we've just got a quick motion on there.

I don't know. I think we should make the applicant come back up. Just kidding. Perfect.

I can answer one more question