Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES April 3, 2019 The meeting was called to order at 6:02 p.m. by Necia Christensen at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY BOARD OF ADJUSTMENT MEMBERS Necia Christensen, Angela McConkey, Sandy Naegle, Scott Spendlove, and William Whetstone ABSENT Josh Pettersson WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Brenda Turnblom WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE There were three people in the audience. Board of Adjustment April 3, 2019 Page 2 B-2-2019 Skyline Electric - Variance 1848 West 2300 South M Zone REQUEST: Zane Huffman, representing Skyline Electric, has submitted an application seeking 2 variances from the West Valley City Code. The first variance is from Section 7-6-302 which requires that the minimum landscaping in the M (Manufacturing) zone be 5%. The second variance is from Section 7-9-112(1) which requires that parking lots with 5 or more spaces have a minimum 20- foot setback of landscaping adjacent to the public street. The applicant is proposing to add angled parking in the front setback resulting in a reduction of landscaping from 5% to 4.5% and a reduced landscape setback from 20 feet to 5.6 feet. Thus, variances of .5% and 14.4 feet are being requested from the Board of Adjustment. BACKGROUND: WEST VALLEY CITY GENERAL PLAN recommends manufacturing land uses.  The subject property is known as Parcel Number 15-22-127-005. This property is located in a manufacturing zone and was approved under Salt Lake County jurisdiction. No previous applications have been filed with the Board.  Skyline Electric approached the City about the possibility of adding additional parking spaces in the front of their building. Mr. Huffman explained that previously, Skyline Electric was able to use parking spaces to the east and north of the existing building due to building vacancy. As Skyline Electric has grown, these spaces have been valuable and needed. However, new owners are needing these spaces, and will eliminate the ability for Skyline to park where they have previously been allowed to.  Mr. Huffman explained that they have a large area in front of their building that could accommodate up to 10 additional parking spaces. The setback from the property line to the building is 40 feet and from the edge of curb 50 feet. This area of the City does not have formal improvements such as parkstrip and sidewalk, but does have curb and gutter. The landscape improvements are measured from property line and not back of curb. If the variance was granted, the total setback of landscaping would be 14.1 feet.  Staff explained that two ordinances would be impacted if additional parking would be installed in this area. The first ordinance requires a minimum of 5% landscaping in an M zone, and the second ordinance requires a minimum setback of 20 feet of landscaping if next to a public right-of-way. Staff explained the variance process and the criteria that goes along with such a request. After reviewing this information, the applicant decided to pursue the variances. Board of Adjustment April 3, 2019 Page 3  While doing research for this application, staff found an approved site plan dating back to 1979. Staff was also able to locate a 1975 aerial photograph of the same property. Unfortunately, the drawings contradict each other. This is important because the approved site plan shows that this property would have had sufficient parking. However, according to the aerial photograph, the building was already constructed and did not have the additional parking as illustrated on the site plan. Staff is unsure why the two don’t correlate, but no information exists as to this issue. The fact is that the building was constructed with 14 parking spaces and has existed in this configuration for 40 years.  The only explanation staff can come up with is that the site plan was proposed with a modification to the building. For unknown reasons, this did not occur, and the 14 spaces have been used ever since. Skyline Electric has been at this location since 2006. Parking has not been a problem as other spaces were provided. However, with a change in ownership, these spaces will now be utilized by others rendering Skyline with only 14 spaces. Skyline Electric would like to remain in the City and is therefore proposing the variance application.  Should the Board of Adjustment approve the variance, the applicant will be required to work with staff on the new parking lot and revised landscaping plans.  ORDINANCE SUMMARY: Section 7-6-302 requires that the minimum landscaping in the M (Manufacturing) zone be 5%. Section 7-9-112(1) requires that parking lots with 5 or more spaces have a minimum 20-foot setback of landscaping adjacent to the public street. The West Valley City Land Use Development and Management Act Section 7-18-107 outlines the standards or conditions for approving a variance. The Board of Adjustment may grant a variance only if: 1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance. 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district. 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. 4. The variance will not substantially affect the general plan and will not be contrary to the public interest. 5. The spirit of the zoning ordinance is observed and substantial justice done. Board of Adjustment April 3, 2019 Page 4 According to Williams, American Land Planning Law (Volume 5, Criteria for the Validity of Variances, pages 131 and 133 et.seq.) there is a presumption against granting a variance and it can only be granted if each of the standards are met. In Wells v. Board of Adjustment of Salt Lake City, the Utah Court of Appeals held that a Boards decision to grant a variance would be illegal if the required statutory findings were not made. Applicants: Todd Shaffer, CEO of Skyline Electric Michael Hamilton 1014 Meadow Hollow Circle 431 Ontario Street Taylorsville, UT 84123 Tooele, UT 84074 Discussion: Sandy Naegle asked if the existing 14 parking spaces belonging to Skyline Electric will remain. Steve Lehman answered yes. The parking spaces that are to the east and to the north of the building will no longer be available for use. Necia Christensen noted that more parking spaces are needed for Skyline Electric to remain in its current location due to growth. Scott Spendlove verified that the existing parking has been the same since 1975. Todd Shaffer stated that Skyline Electric Company has been at its current location since 2003. Skyline Electric is a 60-year-old electrical construction firm, fabrication shop, and motor rewind shop with about 170 employees. 140 employees work in the field, while 30 full time employees remain in the office while project managers come and go. There are about 35 vehicles that need parking stalls. The semi-truck dock in back of the property has been used for parking employee vehicles, and they are virtually bursting at the seams. Michael Hamilton read his answers to the five variance criteria: 1. Enforcing the zoning requirement of having 20 feet of landscaped area along the entire frontage between the edge of sidewalk and any parking lot creates an issue where Skyline Electric cannot utilize a large area in front of their building which can be utilized to allow for their employee and visitor parking needs at their building, where they could create 10 new parking stalls and still maintain up to 14 feet of landscaped frontage between the street and parking lot. If Skyline cannot get these additional 10 parking spaces to handle the growth of office staff for our business, we may be forced to move due to the lack of available parking in the current location. 2. Skyline is locked in by two other buildings that are attached to their building, one on each side, that are owned by other entities. This limits the access to open space and parking. Most of the other properties in the same area have more parking available to them for the size of their building front and are not sharing their parking with other tenants in the rear of their facility. Parking easements were put in place under Salt Lake County jurisdiction, something that West Valley City would not allow today. Lastly, When the site plan was approved in 1979, the additional parking that was shown on the original site plan was already occupied with the building as it sits today. Board of Adjustment April 3, 2019 Page 5 3. Almost all the other properties in the area do not have conjoining buildings with other manufacturing tenants and have dedicated parking for them in the front and rear of their building. Skyline only has the 14 spaces in the front and must share the rear spaces with the other 8 tenants in the conjoining buildings. 4. Granting Skyline a variance will not eliminate all landscaped area and Skyline does keep their landscape area neat and clean unlike many of the other locations on the same street. 5. Skyline is asking for a variance to allow them to put in less than the required 20 feet of landscaping and in place will still have up to 14 feet of landscaped area that will be well maintained and still show that there is neat and well maintained landscape beneficial to improving the view of the area from the street to the building. Skyline will also improve the building use by adding more parking for their staff. Michael Hamilton explained Skyline Electric is landlocked between two other existing businesses. There is a shared dock area along the back of the building that is being used by three businesses for the purpose of unloading semi-trucks and trailers. There is constant truck traffic there. The dock will become even more busy with new tenants moving in next door. There will be nine businesses, all sharing the parking in the back. Michael Hamilton said Skyline Electric has been leasing 7 parking spaces to the east. On May 1, 2019, those parking spaces will no longer be available because the new owner of the building will need to utilize them. By creating ten new parking spaces in front of the building, two existing parking spaces on the side will be removed to create access for the front of the building. Only one parking space will be gained by the replacing the leased spaces that will be lost on May 1. He also pointed out that there is not enough room along 2300 South for on-street parking and there is no public parking available nearby. William Whetstone asked if Skyline Electric has customers who visit frequently throughout the day. Mike Hamilton answered yes, customers and vendors are coming and going constantly throughout the week. William Whetstone asked if the net gain of one additional parking space will accommodate future growth. Mike Hamilton said the construction business is volatile, depending on the market. He hopes that Skyline Electric can stay at this location for at least ten years. Michael Hamilton enjoys the central location West Valley provides. Prefabrication deliveries are sourced from this site throughout all of Utah. Scott Spendlove asked about the landscaped area in front of the building. Steve Lehman said if this variance is granted, Skyline Electric will with Planning and Zoning to come up with a landscaping plan. Almost 16 feet of landscaping will be provided. If the variance is granted, the City will probably recommend 3-4 trees be planted. Steve Lehman acknowledged the landscaped area is probably too small to berm. Steve Lehman noted the majority of the landscaping that was created under County jurisdiction is 10 feet deep, so granting this variance will not make this property out of character with the surrounding area. Motion: Scott Spendlove moved to approve B-2-2019 based on the criteria presented. The applicant will work with Planning and Zoning to finalize landscaping plans. Board of Adjustment April 3, 2019 Page 6 William Whetstone seconded the motion. A roll call vote was taken: Necia Christensen Yes Angela McConkey Yes Sandy Naegle Yes Scott Spendlove Yes William Whetstone Yes Motion Carries – B-2-2019 Approved – Unanimous Approval of Minutes from March 6, 2019 – Approved There being no further business, the meeting adjourned at 6:35 p.m. Brenda Turnblom, Administrative Assistant