Planning Commission - Regular Meeting

Wednesday, June 24, 2026

The Roy City Planning Commission received training on their roles and responsibilities, including legal requirements, ethics, and open meeting laws. The commission also discussed proposed changes to the city code regarding detached accessory dwelling units (DADUs), focusing on building codes, setbacks, and potential impacts on single-family lots.

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Roy, UT
Meeting Date
June 24, 2026

Transcript

153 sections

2:05 – 2:21Speaker 2

Can we have a vote on whether it's Steve or me?

2:21Speaker 6

Is that a motion? I don't know if that's quite a norm. I second.

2:26Speaker 4

You're reading the thing I'm reading.

2:32 – 2:46Speaker 2

Yeah, I think it might be me. You guys will have to bear with me. My kid had pneumonia last week, and she's still on oxygen. And my system fought valiantly, but I think I might have picked up something. So I'm a little under the weather.

2:46 – 3:01Speaker 6

If you need to sit a step or two away from me, I'm not offended. Excited to see what you have to say today, though. Thank you for being here.

3:01 – 4:06Speaker 2

Thank you. Okay. So I've been asked by Matt Wilson and also at your request to do just some general training on the role and responsibility of the Planning Commission. I've got my notes pulled up here and Steve's going to move the slides for me. So he'll move the slide now. Okay. So we're going to start with just some general principles, beginning with Planning Commission's role as outlined under Utah law. So one of the first statutes that we go to, what's called an enabling statute, is Utah Code Annotated 10-20-301. So the statute provides that each municipality must enact an ordinance establishing a planning commission that must define the number in terms of members and alternate members, mode of appointment, procedures for filling vacancies and removal from office, authority for the planning commission, rules of order and procedure for use in a public meeting, other organizational requirements, organizational and procedural rules and rules for per diem and travel expenses. So this is just enabling legislation that this is the Utah legislature saying.

4:06Speaker 4

Sorry, per diem is equal to travel expenses.

4:11 – 5:42Speaker 2

Basically, this is just the Utah code saying, okay, here's how you can establish a planning commission. Our Roy City code discusses this in length in Title 2, Chapter 1. Roy City's ordinance, this ordinance establishes the commission role and responsibilities for the chairperson and outlines the process for removal of members. Additionally, the code provides that the Planning Commission will have all the powers and functions prescribed by the Utah Code and also quote such powers and functions and shall perform such other duties in connection with the planning and zoning of the city as hereafter may be prescribed by any ordinance of the city or state statute. The code also requires a public record of proceedings be kept and filed by the city recorder conformed to the Open Public Meetings Act under Utah law. And the Planning Commission has the capacity to adopt any other rules and regulations subject to city codes and state laws. And then I'm just going to discuss mandatory training and a little bit more on powers and duties. So under powers and duties, this is also found in Utah Code 10-20-302. Powers and duties of the Planning Commission include holding public hearings and making recommendations to the city council for adoption and amendment of the general plan. hearings and recommendations on adoption or amendment of land use ordinances, regulations, zoning maps, or official maps. Planning Commission must also be involved in holding hearing and making recommendations on proposed subdivision plots and recommending an annexation policy plan for the city.

5:43 – 5:57Speaker 4

Additional duties... It actually says in the state code that they will do subdivision plots? I think there's a section there, yes. Well, it's funny because two years ago they said you can't have public hearings or meetings for... Well, state doesn't even know what they do.

5:58 – 6:36Speaker 2

Might be the case. And then additional duties can be assigned to the planning commission by the city, including authority to approve specific land use applications. And then just a small note on training. This is under subsection 3026B. Generally speaking, every commissioner needs to receive four hours of annual land use training per year. One hour of the training needs to be on general powers duties and including the role of the planning commission and administrative, legislative, and quasi-judicial functions. And then the other three hours are a combination of land use topics and ethics topics. And so we're going to spend just a little bit of time on ethics.

6:37Speaker 4

Now, ethics is new for you guys. It was mandated by 2012.

6:47 – 13:00Speaker 2

All right. And so we're going to go into a little bit of that today. So we'll start with the Municipal Officers and Employees Ethics Act. That's Utah Code 10-313. All municipal officers are subject to the act. That includes planning commissioners. The stated purpose of the law is to establish standards of conduct for municipal officers and employees. and to require disclosure of actual or potential conflicts of interest between public duties and personal interest. The Ethics Act does primarily two things. It sets up a disclosure system for conflicts of interest, and it describes crimes specific for public service. So main points, no using office for personal or financial benefit. This applies to receiving materials, money, special favors, and the use of information received in your position as commissioners that results in a benefit to you. As an elected or appointed official, you may not personally or financially benefit from your position any more than any other citizen does. No gifts of substantial value that is given with any connection to a case or person that will be appearing before the commission. Uh, 2 points on disclosure of conflicts, uh, point number 1 in written form to be kept on file. And available to the public and verbally in the public meeting at a time that's applicable. Uh, commissioners are required to file a public disclosure with the city recorder. And so any business interest that you may have that is regulated by the city. Um. This document is required when you first take your position with the Commission and should be updated each time you are reappointed or each time your business interests change in a way that's material to the disclosure and number two. Disclosure of conflict on any personal interest or investment which creates a conflict with your public duties must be disclosed in open meeting and submitted to the municipality annually in the disclosure firm form um. Another note on conflicts of interest, this is just about abstention with respect to conflicts of interest. You should not abstain unless the conflict is real and the chair agrees. A difficult or unpopular vote is no reason to abstain. Also keep in mind that there will be some issues such as zoning of land where everyone on the commission will or may have a conflict. This does not mean that no action can be taken. There may be times when you fulfill the legal requirement for conflict of interest. but there is a perception that you were too involved or connected with an issue to cast an unbiased vote. If you feel unable to make an unbiased decision, you should request to be excused from both the discussion and the vote. In special circumstances, there are times when the chair may require you to vote even when you would prefer not to do so and have declared a conflict of interest. The disclose and vote concept applies to legislative action and quasi-judicial or administrative actions in only one context, where recusal could defeat a quorum. This means that your lack of vote would result in not having enough members to take action on the item. Then the appearance of fairness doctrine requires that you abstain from voting on a matter on which you have an actual, sorry, on which you have a material conflict of interest. Always consult with your city attorney as to whether you should abstain from a decision based on your personal or financial interest. A lot of the information in this training comes from a packet that was made in 2025 by the Utah League of Cities and Towns. So a lot of this I am kind of quoting word for word, but that's just because I think it's more accurate coming word for word than me trying to ad lib. I've sent that booklet to Steve. It's only about 35 pages. I think it's a really useful resource. So I've asked him after today to send it to each one of you so that way you can just have it as a handy guide. I think that it's really useful. Um, just a brief note on ex parte communications and ex parte contact is any communication with a party or person outside of a planning commission meeting regarding administrative applications. Commissioners are not to engage in these communications. Anyone speaking to commissioners on administrative matters should do so at a regular meeting. So their comments, concerns, and evidence are on the public record. Communications regarding legislative matters are generally permitted. Planning Commission members shall reveal pre-meetings or ex parte contacts with regard to administrative matters at the commencement of the public meeting on the matter. Prearranged private meetings between a Commissioner and applicants, their agents, or other interested parties are prohibited. Partisan information on an application received by a Planning Commissioner, whether by mail, telephone, or other communication, should be made part of the public record. If such contacts have impaired the commissioner's impartiality or ability to vote on a matter, the members shall also state it and abstain. Best practice, act as if you're a judge and refrain from ex parte communications and public discussion on matters that might come before the planning commission. Kind of just one of those situations where playing it safe is just gonna be your best bet. Just a few notes on meetings and minutes. Under the Utah Open and Public Meetings Act, all meetings are subject to this act. That is, all of our Planning Commission meetings are subject to this act. Meeting requirements, all of our meetings have to have an agenda that's posted before the meeting. All the items that will be voted on, particularly so, needs to be held before the public, be summarized and written in adopted minutes, and be voice recorded. Minutes are public property and will be made available to the public on request. They require approval, which should not be automatic or perfunctory. They should be read for accuracy and completeness before approval. Hairs should be taken to ensure that minutes reflect the important points of the discussion, findings, decisions, final vote, and any conditions attached to a project. When in doubt, err on the side of public openness. And then just a note on the, yeah. Oh, are we behind? I don't know. I'm not sure where you're at. I already did the meetings in minutes. So we'll fast forward to after that. Okay. Next slide, one more. Okay.

13:02 – 14:54Speaker 2

Yeah, too far. There we go. Just right. Commission's role, so primarily the Planning Commission is an advisory body that helps the city council make policy decisions on land use, make recommendations about the general plan and land use ordinances. The Planning Commission is intended to shape, not make policy. It is not representative and has no constituency. The role is to be experts in planning and local ordinances and to make reasoned recommendations and apply ordinances as written. Legislative and administrative acts are obviously two main things that the planning commission focuses on. When commissioners are making a recommendation on a general plan or on a land use ordinance, they are part of a political legislative process. The commission has broad discretion in what their recommendation should be. They can listen to the public, even if it is just uneducated clamor. When the planning commission is acting as a land use authority, it has little discretion. You're acting in an administrative capacity. The landowner's application either complies with the ordinances or it does not. An individual planning commissioner's opinion of the merits of a proposed land use application is not relevant in an administrative process. An individual commissioner's opinion and any of the public's comments and concerns are relevant only to the extent they speak to issue of compliance with the existing law. And then, as to public service it's just important to remember that being on the planning Commission is about public service, the question should be to determine how to help a landowner accomplish what the landowner desires in a manner consistent with the city's plan and ordinances. Really, it should be about telling people how to do what they want to do with their land and not telling them no tell how not know.

14:55 – 18:59Speaker 2

The Planning Commission fulfills its purpose when it acts in a manner supportive of the policy and policymakers. It's there to add professionalism, fairness, and common sense to city planning and land control use process. It only serves this valuable function when it works within the constraints of the law and without regard to public prejudice and the clamor of the crowd. Planning Commission has other responsibilities as assigned that can include acting as a land use authority, These can be delegated to the planning commission by the city or town council. They may include the authority to approve specific land use applications. In this case, the commission would be acting as a land use authority on that specific activity. This might include approving building permits to make sure zoning standards are being met, do a historical survey of a community, plan for future parks and open space, make recommendations for the development of affordable housing, or do a five-year capital improvement plan. The request should come from the legislative body, not from an individual member of the body. So it needs to come from the council as a whole, not just from one counselor. And it should come to the commission in writing. In addition, the planning commission can suggest to the city council activities or projects that it feels needs attention. Commissioners may base such need on the general plan or on their own observations and experiences. And then the role of the individual planning commissioner. I thought these were pretty helpful. These were in that packet. It divided some of these into thou shalt and thou shalt not. So planning commissioners shall attend meetings and vote. They shall preview materials for cases, pay attention to information presented by parties at commission meetings. They shall ask questions, represent the good of the community, not just the good of the few, and be knowledgeable and respectful of constitutional rights. The Planning Commission shall be an advocate for the city, its general plan, and its development ordinances, be familiar with and respect the laws of the country, the state, and city in which you live, treat others with dignity, regardless of how you may view their issue or point of view, and be able to say no when it's appropriate and legal. You shall make decisions based on law and good planning, rather than on public sentiment or pressure. You shall become knowledgeable about planning, both in theory and practice. The thou shalt nots. Thou shalt not be afraid to make difficult decisions based on the law, even though they may be unpopular. Have meetings one-on-one with petitioners. This would be ex parte communications like we talked about. Have a closed mind to arguments or new ideas. Shalt not make up your mind before hearing all of the available information. Represent a single point of view or base your vote on single personal experience. violate the open meetings law or the ethics of the state of utah or the municipality in which you live and or use your position or information given to you as a result of your position to benefit yourself your friends or your family. And then just some resources. Just to keep on hand, make sure you have for your planning commission responsibilities, make sure that you have a copy of the general plan, copies of relevant zoning ordinances and other ordinances, including maps, access to copies of municipal land ordinances. Commission's bylaws and procedures are also important just to have on hand. Meeting schedule, work plan, a copy of conflict of interest statement. And also, I don't know if this has been discussed before, but a training schedule, just because where you do have that four-hour requirement, just some kind of note or schedule somewhere where you're keeping up on where you're at with your annual training. That's it for me. Those are my prepared remarks. Again, I know it was a little dry. I know I was just kind of reading off my notes, but I wanted to make sure I got everything and I didn't forget or skip anything. Is there anything I, are there any questions? Is there anything I missed?

19:01Speaker 3

Is this available? You could email it to me.

19:05 – 19:24Speaker 2

I'm okay if it gets emailed to them. It's got my notes down in the margins, so there's not a lot on the slides. It's mostly in the notes. But then, like I said, most of what I based this off came from that Utah League of Cities and Towns 2025 report. I've sent that to Steve. He's going to have that sent to you sometime this week, I think. And so it's got this and more.

19:24Speaker 3

Yes. I like to boil down so then I can drill into the big fat.

19:29 – 19:59Speaker 2

And this, yeah, and this was heavily synthesized for a 10, 15 minute training. But I figure if you guys have this one on hand, it's very readable. I think it's organized great. And so that way, not that I don't like fielding your questions, but in the future you can rely on that. And then if there's anything that's not fully addressed in there, then you can come to me and Matt, and if there's anything beyond what's in that packet, that way we can kind of screen things. You'll get your answers to questions quicker if you've got that on hand, I think. Well, thank you.

19:59 – 20:10Speaker 6

Thank you, Edward. Thank you so much. Do we have any other questions or discussion on the training? Anything along those lines?

20:13 – 21:13Speaker 4

okay then i think we are going to move on to agenda item number two continued discussion regarding detached accessory dwelling units uh the d-80 use per senate bill 284 from this year's legislative session uh during last meeting we kind of had some discussion on building codes and how close things can be to property lines and those type of things so i had asked our building official this is gail supp who is our building official Two years now. Okay. I know you've had years of experience elsewhere. For some other municipality. But anyway. So I brought her here for you guys to ask any questions you may have. Mainly dealing with building code. So as we look at these detached ADUs. You're a little bit more knowledgeable. We talk about setbacks and those type of things. So ask away.

21:13Speaker 9

A couple of things I'm familiar with.

21:17Speaker 4

Introduce yourself because she doesn't know who everybody is.

21:19Speaker 9

Dan Tanner. You don't know who I am?

21:26Speaker 9

There are exceptions to setback, right?

21:31Speaker 9

And they are.

21:31 – 21:45Speaker 7

So are you, when you're talking about the setback, are you talking about buildable setback in every zone or are you talking about something closer than that?

21:45Speaker 9

An ADU being built to a proxy line. Right now it's five, but it can be closer.

21:55Speaker 7

Building code allows it to be closer, but with provisions of firewalls.

22:02Speaker 9

Firewalls would be exterior, interior?

22:04 – 22:33Speaker 7

Exterior and interior firewall has to be rated on both sides. So we have to make sure that fire doesn't come in and fire doesn't go out. Part of the reason that we have detached structures at three feet is because anything below three feet, we can't have any, I'm going to say penetrations on that wall. We can't have windows. We can't take ducts out that wall. We can't have doors. We can't have anything on that side. It has to be a solid wall.

22:36 – 23:22Speaker 4

That affects the roof too. Right now, zoning says three feet. There's that conflict between what building code allows and what zoning allows and what you can do. But zoning does, or building has the mechanisms to, if you're closer then, then you do this, this, and this. So there's those aspects. When we get to the converting of existing accessory buildings, I think that's where his question is going to come in is because 70s, 80s, 90s, and early 2000s, two feet was the minimum setback for accessory buildings, not three. So some of those buildings are going to have different requirements to convert.

23:23 – 23:35Speaker 9

Is there a difference for Gale between the standard for an accessory structure, meaning a barn or a shed or something, versus an accessory building?

23:36 – 24:52Speaker 7

So the difference is going to be what is in each structure. So on most accessory structures, it's just for storage. Like, yeah, we're a little bit concerned about what people store, but we don't get to control what people store. In an accessory dwelling unit, we're going to have bathrooms. We're going to have kitchens. We're going to probably have a laundry room. These are typically places, especially kitchens, where people don't pay attention and things catch on fire. So that's the main part about it is some people do have bathrooms in their sheds, like their hobbies, and they don't want to go inside. Wife doesn't want to clean up inside, whatever it is. But they do have bathrooms out there. But they don't have a means of cooking out there. Most of the buildings are not insulated and that's going to be one thing that these buildings will be required to do because all habitable space is required to maintain a maximum or a minimum of 68 degrees. And so all mechanical has to be able to at least heat to 68 degrees. Cooling, that's a luxury.

24:53Speaker 9

That doesn't matter.

24:56 – 25:14Speaker 7

But you will have furnaces. They have to be installed in these dwelling units. We will have kitchens, bedrooms. They will be required to have smoke alarms because just like everything else, they have to have that. And they will have drywall requirements.

25:16 – 25:27Speaker 9

Some structures require permits. And some structures don't. But accessory dwellings that have anything in it require a permit.

25:28 – 26:08Speaker 7

Yeah, so the city did not permit accessory dwelling units at all. And we gained some knowledge that maybe there are detached buildings in the city that could have them. To me, we don't have knowledge that any of this has even been inspected. So if it hasn't been inspected, we can't ensure that it's safe. Anytime you change plumbing mechanical, structural, or electrical, that requires a building permit. And in order to convert these buildings to ADUs, you're going to have to make changes because a lot of that is probably not in those buildings at the time.

26:10Speaker 9

And possibly would require the fireproofing if it's an existing one that's closer already.

26:16Speaker 7

Yeah, and we do have those buildings that are closer. And we have to mitigate that as we go.

26:24Speaker 9

Take out windows. Yeah, they could.

26:27Speaker 7

Yeah, and the building code would mitigate if we are closer than three feet, we do have to take those windows out and there's just no way around it.

26:36Speaker 9

It's a change of use which would require the upgrade, right? Yeah. Just a

26:44 – 27:08Speaker 7

And that's part of the reason. Oh, that's a lot of the reason why basements require building permits, not just because we're running more plumbing and electrical but if somebody was to have an unfinished basement, and they decided to sheet rocket that basement before was storage. Typically when you sheet rocket it's becoming a habitable space that we want to make sure it's built to code.

27:11Speaker 5

As the, did somebody else have a comment? This is rolling out the DADU.

27:17Speaker 9

You got to say your name.

27:19 – 27:30Speaker 5

Oh, Brody, Brody Bailey. As the DADUs are rolling out, are there things that you're particularly concerned about that you feel like we should be taking steps to address now?

27:32 – 28:02Speaker 7

I mean, I would definitely prefer not having detached accessory dwelling units on the property line, but it sounds like that's something that we cannot control unless it's a new build, right? A new build, if we're going to change setbacks, I would just make sure that we're not being less strident than the existing detached structure code because that's as close for comfort.

28:03 – 29:29Speaker 7

that we can get. One thing that I think you guys probably should know about is there's a lot of shallow sewers in Roy and so a lot of people that are going to be building new detached structures are probably going to have to have some sort of ejector in the backyard that pushes sewage to the main. So I just want to make sure you guys know that that's probably going to be a thing with a lot of the older properties in Roy because the sewer is so shallow that they just cannot get the slope from a backyard building down to the main and drain effectively. I would look at whether you're thinking of separate utilities. I think I think it could go either way, but it's not preferred that we separate out utilities in single family zones because that tends to look more like a duplex and not a single family with a detached accessory dwelling unit. Other than that, I think those are probably your biggest concerns. Setbacks are a big one because setbacks really affect structures and hasn't been found.

29:31 – 29:54Speaker 9

I think the big thing about the setbacks, especially if they're too close, is the overhang of the eave. And it's not a permitted thing to allow any runoff from your property onto a neighboring property. And so the distance really helps where you gutter it. You can gutter it, but a lot of the big differences are is that keep everything on your phone properly.

29:57 – 30:31Speaker 6

So. I've got a question just regarding accessibility for residents as we go through it. I am Anna Graf. Is there any kind of resource that you're aware of that takes the codes and the requirements and just makes it a little bit more accessible for someone who is considering maybe taking one of these buildings that they have and converting them or looking at building? I know this hasn't been around very long on the state level. Are you familiar with anything in the works there? or anything that may already exist.

30:31 – 32:01Speaker 7

So the building code is, you can access it at any time online. I also have the books available in case people don't have online access. They can absolutely use me as a resource. I mean, I am on the phone probably 25% of the day, while the other 75% are not doing inspections. But it's a lot of people. When you read codes, whether it's a municipal code or a building code, they use fancy language and people don't understand it. But I mean, that's the best thing that I can tell you is that they do have access to the codes online. But if they need further clarification, that they should probably contact us. As far as the detached ADUs, their existing buildings are going to be very similar as to finishing a basement because we're not really doing a whole lot of structural unless people want to. So it's going to be really let's find a layout that works. New buildings are going to be a little bit different. Because we do have to evaluate the structure for everything that goes in. But yeah, I would say when in doubt, it's never going to hurt to ask.

32:03 – 32:19Speaker 6

And then kind of springboarding off of that, since this went into effect, have you actually seen an uptick in requests for information about it or anything through your office? No. I'm getting a nod over here from Steve.

32:19 – 32:36Speaker 4

Half a dozen. Some argue with me on what they think the code says and others don't. I don't think it's set down to 8,000 square feet. It's like, no. It's 11 unless the city wants to go down.

32:38Speaker 6

So it's turning.

32:40Speaker 4

There's actually a movement.

32:43 – 33:54Speaker 4

It's kind of like the internal accessory dwelling units. We had a lot of people interested in them. I mean, I think in the last four years that we've had it, I've had maybe six or seven, maybe eight. I mean, it's not a lot of people are looking to do it. And I don't see that this is going to be a big thing either. Because there are, like she mentioned, sewer lines, getting them to An injector sounds fine, but it gets pricey, it gets difficult, so there are times where you just can't do it, so it's not going to be allowed. On the east side of town, the water table is pretty high. Most of those houses are slab-on-grade, or if you got lucky and there was an area with basements, the sewer line may already be in trouble, but It's going to be a hit and miss. Not everybody's going to want it, but I assume the first couple years we'll have a few, but not a lot.

33:54 – 34:23Speaker 9

One of the other challenges is how the ADU has to be able to fit in the backyard based on percentage of the backyard. And that's something that I believe Steve's department manages. And so that has an effect on, I believe, on how many will apply because if they want a sizable ADU, a monologue, if they're on a quarter of an acre, that's going to be pretty tough to put in.

34:23 – 34:59Speaker 4

I mean, last time we talked about it, kind of right now the code says 1,250 square feet or 25% of your yard. So we've already kind of discussed what that size would be. So Those would be things that we'd be looking at in this code is how big. If I'm in a half acre, I can have a little bit bigger. If I'm in two acres, my only problems are going to be sewer and other things that may come into play. Sam will have a better ability than some of you on smaller lots.

34:59Speaker 8

No, I have a pool.

35:00Speaker 4

Well, never mind.

35:02Speaker 8

They'd have to float.

35:07 – 35:52Speaker 4

So some of it is already, you know, lot size is going to determine the size of it and then if I do it or not. Do I want half or a quarter of my yard taken up by somebody else living there plus the parking stall or two or, you know, iad use come into play because you can put it in the side yard but most side yards are eight feet and parking stalls are nine feet so you get to find other places and now get to add one or two more to that the start lot size setbacks for homes will come into play but if you can do it let's do it so those the zoning code will kind of go over more

35:55 – 36:08Speaker 7

The thing that is becoming a new norm called tiny houses that you can barely breathe in. But I would think that people might look into those on some of the smaller lots.

36:09Speaker 8

Like those kits that you can buy.

36:12Speaker 7

Yeah. Or the little module ones that they just bring and place them. Yeah.

36:18Speaker 9

But we have a minimum amount of them. We have a minimum square of them. Yeah.

36:23Speaker 8

Well, they build them up, not out, so then they might fit better.

36:28Speaker 9

Most of them are 300 or less. They're teeny little places.

36:34 – 36:50Speaker 4

Even if, say, we do a 150 square foot little teeny house, an accessory building doesn't need to permit under 200 square feet, but once you go habitable, it will. So a lot of people have to renew their thinking.

36:51Speaker 9

Mm-hmm. And only one per yard.

36:55Speaker 4

Well, that's still predetermined. Oh, really? We have to figure it out.

36:59 – 37:46Speaker 7

And I think that's one thing, like, what we got to start thinking about is how many families are we putting on a single family lot? You know, if we have an IADU and then we're also now going to approve detached ADUs, now we're looking at roughly three separate families on one lot. I think that is a little bit of a concern. When I look at that, I look at it as almost like an apartment building. You know, we're just stacking them in there. And I understand the state law. We're trying to create affordable housing and stuff. But packing us in becomes a little bit of a safety hazard because if one person catches on fire, now that rate of spread of the fire could increase. So...

37:49Speaker 3

If I remember right, the owner of the home. Yeah, Dave, yeah. The owner of the home has to live in the home.

37:56Speaker 4

Right now, that's what the state requires, and that will be in our code.

38:00 – 38:36Speaker 3

Okay. So it's an older family like me, and we build an ADU on my half acre in the backyard, and I pass away, and my kids sell my house, to that guy that sends out the postcards that says we buy all houses? What happens to the ADU? Because the guy that buys houses, he's not going to live there. He's going to flip it to somebody else.

38:38 – 39:25Speaker 4

That's the unfortunate part of it. There's no answer to that because it could happen in an internal accessory dwelling unit too. You know, I get a contract for a year, my landowner passes away, I'm coming with a limit. But if it's still, if there's only one family living on the property, whether it be the detached or the main, at least in my mind's eye, I can't believe I just said it that way, there's still a single family home. It wouldn't be able to rent the upper one. Whoever buys it would have to live there. Then the detached could continue. At least that's kind of how I would perceive it. It's still one person passes away. It's kind of in limbo.

39:26 – 39:42Speaker 3

Things change, you know. My son lives in an apartment complex and it's been sold three times now and moving now because the rent went up, the maintenance went down, And now it's a ghetto.

39:46Speaker 5

Steve, remind me, when do we have to have? October 1st. Okay.

39:52 – 40:09Speaker 4

So I'll have some language to you by next meeting. I've got the attorneys looking at it right now. If I'm on the right track or it's in the wrong place or that way we can, you guys can kind of wordsmith it or think it should go.

40:09Speaker 2

We've thrown it in the fire a couple of times and told them to start again.

40:12 – 40:42Speaker 3

So, you know, the original owner has to live in the house. So there has to be something. An example would be when you sell a property and it's in an HOA, it has to be disclosed. It would also have to be disclosed if the original owner sells the property that the new person has to live there and continue, well, the ADU type thing.

40:42Speaker 4

Part of that is we record something with the county. Yeah. And we'll do the same thing for a detached.

40:50Speaker 4

So that when they're signing that stack of pages, they may not read it, but they initialed it.

40:57 – 41:17Speaker 9

One thing to clarify, if you have an accessory building in your backyard and you want to have an ADU, that accessory building applies to that percentage of your backyard. So you can't have both and all of a sudden you've got a sliver of grass. You've got to maintain it. So you have to have a pretty big yard to have both of them.

41:17 – 41:45Speaker 3

I understand. And I've seen yards that could have three buildings along with the current home. You know, like I... Guy in my neighborhood bought a parcel, figured he was going to build four houses, but then they couldn't build a road in. So it became a single house. I got an awful lot of land. You know, he could make out like a bandit with this one.

41:49Speaker 4

Any other questions?

41:52Speaker 8

I think it made it. This is Sam. Thanks for explaining that. It makes it more relevant, like makes it clear. Thank you.

42:01Speaker 5

I'm interested to see the language, you know, when that time comes, just to see. I mean, I have questions about height, too. I just don't want somebody looming over their back.

42:11 – 42:27Speaker 4

Last meeting, we talked about maybe one of the two stories, and most everybody said one. That's kind of how I've written it, is one story. Right now, accessory buildings can only be one story. It doesn't mean you couldn't have storage in the able end of it.

42:29Speaker 4

make it a livable space. Or if it's a two-story original house to make it. Original house or accessory building.

42:36Speaker 3

Well, an original house would be two-story. Couldn't they make the accessory building the same?

42:42Speaker 4

Right now, the accessory buildings can only be one story.

42:46Speaker 4

And I don't see a reason to change that.

42:49Speaker 3

That's fair.

42:50Speaker 7

Barn dominiums are real pretty.

42:52Speaker 4

But a barn dominium is your regular house.

42:56Speaker 7

In West Haven, they make them all different.

42:59Speaker 4

West Haven's West Haven.

43:03Speaker 7

Some of their detached accessory dwelling units are prettier than the house.

43:08Speaker 4

I'm not going to say that's probably not going to happen, too. They also have a lot of land.

43:13Speaker 3

They've got an 80-year-old house with a mansion in the backyard.

43:18Speaker 9

They have a lot of land. That's the reason for that.

43:26Speaker 4

That's it. And back to you.

43:28Speaker 6

Thank you so much. That was very informative and super helpful.

43:33Speaker 4

Now, if you do still have questions for you, I can send out her email address and just send them to her. Thank you. Absolutely. Thank you.

43:42Speaker 8

All right. Good night. You guys too. You ready? Yeah.

43:51Speaker 8

I got a bunch of them.

43:52Speaker 4

Brody would be mad at me if I not just Brody, the other Brody. Thanks, Gail.

43:56Speaker 8

Bye, Gail. We'll see you.

43:58 – 44:10Speaker 6

All right, moving on to the Commissioner's Minute. Do we have anything that we need to bring up, discuss, go over, want to get out in the open?

44:11Speaker 5

Just remember it's election day today for the primary. So if you haven't submitted your ballot yet, make sure that you do that before 8 o'clock p.m. Yeah.

44:20Speaker 4

I heard that this was that night. We probably wouldn't be having this meeting. Del Ryan's email. I'm like, oh, wait a minute here. Yeah.

44:28Speaker 3

You only got an hour and 15 minutes. Get it in the box in the front yard.

44:32Speaker 8

Do you have a big meeting next time? Do you know yet?

44:37Speaker 9

We have a meeting in July.

44:38Speaker 4

Yes, you'll have a meeting.

44:40Speaker 8

Is there one on it?

44:43Speaker 4

One or two items. There's a bank back on it? No.

44:48Speaker 8

Oh, I was going to ask that. Will you remind me the address of the new Mountain America where it's going? I can't remember.

44:53 – 45:09Speaker 4

Southwest corner 56 and 19. Oh, okay. where Wells Fargo used to be, but 35 feet south and west. They took a lot of that land and made it a road.

45:10Speaker 3

Okay, so it'll be west? It'll be on the corner.

45:15Speaker 4

It's not exactly where West Fargo was.

45:18Speaker 3

But in relationship to the sidewalk and curb and gutter, it'll be on the sidewalk and curb and gutter?

45:24Speaker 4

Well, it'll be 15 feet away from the property.

45:28Speaker 3

Okay, is that 15 feet from the curb and gutter or is it from the outside to the inside of the sidewalk? Property lines, which is about sidewalk.

45:38 – 45:55Speaker 3

I had a question. I wasn't at any of those meetings. I did watch it online. It's like That's weird. The state redesigned the corner, and it's causing a problem with building a building.

45:57Speaker 4

Some of those are easements that are causing some of it, but it's more of the diagonal-shaped portion of the property.

46:06Speaker 9

The requirement we have as far as more access off of Main Drive, yeah. It's a big part of it, too.

46:17Speaker 6

All right, if we don't have anything else to add, next up we have our staff update.

46:22 – 46:45Speaker 4

Wells Fargo over by Harmon's is a couple days away from finishing and opening, so this looks good. Just a quick reminder and announcement, the August 11th meeting, our second Tuesday of the month, is canceled. The city council's doing their truth and taxation. By law, we can't have two meetings going on during that, so we get canceled.

46:47Speaker 9

Or would we want to?

46:49 – 47:05Speaker 4

Well, it's okay. They let us know a couple, you know, two months in advance so I can let people know that we won't have a meeting then. Maybe we won't have a work session the end of August, but we won't have a regular action meeting in August. Other than that, that's all I got.

47:06Speaker 4

Pretty straightforward.

47:08 – 47:24Speaker 6

Final item on the agenda. Motion has been made and seconded. Meeting is adjourned. All in favor. Any opposed? All right. We are adjourned.

47:27Speaker 9

Good practice.

47:28Speaker 8

Your presentation was good. Thank you.

47:40Speaker 7

off the record.

47:42Speaker 9

We'll get those materials too so you guys can have that on hand.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.