Board of Adjustment Meeting

WEST VALLEY CITY BOARD OF ADJUSTMENT MINUTES July 3, 2019 The meeting was called to order at 6:00 p.m. by Scott Spendlove at 3600 Constitution Boulevard, West Valley City, Utah. WEST VALLEY CITY BOARD OF ADJUSTMENT MEMBERS Josh Pettersson, Angela McConkey, Scott Spendlove Sandy Naegle, William Whetstone, and Necia Christensen Absent: WEST VALLEY CITY PLANNING DIVISION STAFF Steve Lehman and Margo Hoyt WEST VALLEY CITY LEGAL DEPARTMENT Brandon Hill AUDIENCE Approximately eleven (11) people were in the audience. Board of Adjustment July 3, 2019 Page 2 B-3-2019 Sherner Non-Conforming Use Determination 3945 South 3600 West R-1-8 Zone REQUEST: Scott Sherner has filed an application with the West Valley City Board of Adjustment requesting a non-conforming use determination in order to continue keeping livestock on the property noted above. BACKGROUND: WEST VALLEY CITY GENERAL PLAN recommends low density residential land uses.  The subject property is located at 3945 South 3600 West. It is also known as Parcel Number 15-32-403-017. The property is approximately 1.09 acres in size and is zoned R-1-8. The property is bordered on the north and south by single family zoning and the east by a City Park.  This application is being presented to the Board of Adjustment at the request of the property owner. The applicant was recently notified by Ordinance Enforcement that R-1-8 zoned properties do not include the keeping of agricultural animals. Mr. Sherner explained that animals have occupied this property for years and that he would like to continue keeping them. Ordinance informed Mr. Sherner that he had an option to pursue a non-conforming use determination from the Board which led to this application.  The subject property was zoned A-1 at the time of the City’s incorporation. By 1985, the property had been rezoned to the R-1-8 zone. At the time of incorporation, and continuing afterward, the A-1 zone did allow for the keeping of farm animals. In the early years of the City’s incorporation, large areas of property were rezoned from the agriculture zone to a more traditional residential zone. However, those with animals could continue with that land use according to City ordinances.  In evaluating these types of requests, the size of the property and that of adjacent properties is generally a historical indication that agricultural uses likely existed on this property. The aerial photographs included in the power point shows that this property and those to the north are of sufficient size and appearance to assume that the keeping of animals was part of the land use on these larger properties.  To help verify the existence of farm animals, the applicant has submitted documentation from individuals who live in the area stating that animals have been kept on this property for many years. These letters have been attached to the analysis for your review. Board of Adjustment July 3, 2019 Page 3  There are a number of outbuildings on this property and adjacent properties to the north. This is generally an indication that agricultural uses were likely part of these properties. This property and the adjacent properties to the north are nearly 300 feet in depth and are characteristic of parcels found in the Granger farming community.  Staff did receive a call from a nearby resident who stated that chickens and rabbits have been on the property, but the goats are relatively new. Perhaps within the last couple of years. The resident explained that the smell from the compost pile, flies and other nuisances make it difficult to enjoy their outside space. Staff did explain that those nuisances would need to be coordinated with West Valley Animal Control, and/or the Salt Lake County Health Department.  To remind the Board, a non-conforming use of land lawfully existing on the effective date of the City’s incorporation may be continued provided such non-conforming use shall not be expanded or extended into any other open land, except as otherwise provided in City Ordinance. If the non-conforming use is discontinued for a continuous period of more than one year it shall constitute an abandonment of the use and any future use of such land shall conform to the provisions of the zone in which it is located.  The applicant is not requesting an expansion of a non-conforming use. They are requesting a determination that the existing use, i.e., the keeping of animals be allowed to continue on this property. ORDINANCE SUMMARY: Section 7-12-106(1) of the City Ordinance states that there is no presumption of legal existence of Non-conforming Uses. Individuals or entities asserting the establishment or legal existence of a Non-conforming Use shall have the burden to prove that the Non-conforming Use has been legally established and maintained. Steve detailed that properties that were zone “A” have an allowance of certain number of animal points per acre. Applicants property is one (1) acre in size and is allowed to have up to 200 animal points. The point system is based on the size of the animal. For example; a horse is a large animal and carries a 40-point weight. A goat is considered a medium animal and carries a 20-point weight. Smaller animals carry a lessor value. Depending on the outcome today, if this property is deemed animals have been here and can continue, the property will be restricted at the 200 animal points for the one (1) acre. Steve explained there are nuisances that come with animals, especially as properties are developed. If nuisances such as smell, odors, flies, or other types of things that impact the livability of a property, there are entities that can help resolved the situation. The County Board of Health being the primary. West Valley City works in conjunction with the County to resolve any issue. Board of Adjustment July 3, 2019 Page 4 Steve reminded the Boardmembers that they received letters in support, and letters in opposition. They have all been submitted. Steve also noted he received a phone call from Lois Morell, living at 3936 South 3600 West. She stated she believes we are a metropolitan city now and should not have animals. Steve advised her he would share her comment since she would not be attending the meeting. Applicant: Scott Sherner 3945 South 3600 West West Valley City, UT 84119 Discussion: Scott Sherner stated he has lived at the property since 1992. It is important to him to have animals and to grow his own food. It was his understanding his realtor at the time went to the Planning and Zoning Department and took care of any zoning concerns. He does not recall any documentation but was informed he could continue having animals on the property as it had been. When he bought the property, there was a horse living on it. Through the years he has maintained horses, chickens, goats, and dogs. Mr. Sherner stated this has been a means of living this way his whole life. As a kid he grew up on the east side but wanted to grow his own food and have animals. He moved to Alaska for a while and it was difficult to grow food due to the short growing season but maintained animals. He was offered a job back in Utah in 1991 and spent a year looking for property where he could continue his way of life that he has enjoyed. Mr. Sherner stated he believes West Valley City has received eight or nine letters from people who have known him since he has lived at this address and testify he has always had animals. Mr. Sherner asked if there were any questions. Boardmember Pettersson noted there are a lot of letters in support but had not seen any pictures of animals. Mr. Sherner noted he did not know he should supply any pictures but has a YouTube video of a contest he entered several years ago with horses he had on the property at that time. Boardmember Pettersson said it was not required. Boardmember Christensen asked if he remembers the name of the person he bought the property from? Mr. Sherner stated the previous owners were the Lombardi’s. He went on to explained they were dairy farmers with cows on the property. Mr. Sherner reiterated he has been a farmer most of his life and having animals is integral to farming, growing, and having good soil. Boardmember Spendlove asked legal representative, Brandon Hill, when we have letters of support saying one thing and letters in opposition saying the exact opposite, what is the impact to consider? Mr. Hill explained evaluating the evidence to determine whether that burden has been met and gave several examples to consider when weighing evidence. Board of Adjustment July 3, 2019 Page 5 For the applicant: Michael Deshler, 4553 South Stonewood Drive, West Valley City, stated he has been friends with the applicant for approximately 13-14 years. He explained the applicant has always had animals and has always been a farmer. He attends to the property and livestock when the applicant is out of town. He also stated he was the one that created the YouTube video of the horses. Boardmembers asked when the video was created. Michael Deshler replied it was 2013, then explained this is an example that through the years there has always been animals on this property. He stated having animals in the neighborhood is not uncommon. His neighbor has a horse. Debra, wife of applicant, explained she has been living at the property for nine years. She gave a quick history of where she is from and where she has lived. She stated since she has known the applicant, they have had horses on the property. They acquired goats about two years ago and added geese but do not have horses now. Boardmember Spendlove asked Steve Lehman what needs to be considered. Some letters say there were goats on the property, others say there were no goats. No one has contested horses. Are we just looking at larger livestock on the property as to specific animals? Steve Lehman explained it does not matter what kind of animal, whether it be pigs, chickens, cow, rabbits, horses or goats. If the property has had animals since inception and has continued use, then Mr. Sherner would be allowed up to 200 animal points. Boardmember Pettersson asked what determines if an animal is allowed in a R-1 zone vs. an agriculture zone. Steve Lehman explained the City’s ordinance for domesticated animals in an R-1-zone vs agriculture zone animal. Luke Sherner, son, currently living in Midvale. Luke Sherner stated he used to live at 3945 South 3600 West, and they have always had animals on the property. Opposition to this use: Deanne Mosher, 3558 West 3965 South, borders were the goats are kept. She provided pictures from a year ago showing hay that has now composted 30 feet from her home. The smell and odor have been bad in the past, but recently the owners have worked to clean it up since the report to animal control. When she bought her property, she checked to make sure it was R-1-8 property. 2017 is when the goats showed up. She would have never bought her property if she had known goats could live there. She stated she never saw a horse but has seen chickens and bunnies. She referred to photos from text messages with the applicant trying to work this out. Steve Lehman and boardmembers confirmed those had been submitted and reviewed. Boardmember Christensen asked how long Ms. Mosher has lived at her address. Ms. Mosher replied she bought her home in November of 2016. Ms. Mosher stated she submitted a letter from the previous owners of her home who had lived there since 1988 which stated there were never any goats. Ms. Mosher stated she was told he has had chickens, bunnies, and dogs in the past, but no goats. Board of Adjustment July 3, 2019 Page 6 Boardmember Spendlove asked Steve Lehman if there have been any citations or reports on the applicant’s property of exceeding the number of animal points on the property? Steve Lehman noted he did a search of any violation on the property and called Nate Beckstead with Animal Control. This is the first time of any report at this address. Ms. Mosher stated she never made any reports, but would have if she would have known it would come to this. Mary Deveraux, 3539 West 3965 South, stated she lives across the street from Ms. Mosher. She has lived at her residence since 1989. When she visits with Ms. Mosher in her home, she cannot stay long because she has asthma. With the goats, the smell is hard on her. She has won the Clean and Beautiful award for three years and feels that this could reduce home values in the area. Boardmember Nagel asked Ms. Deveraux if she has seen horses and other animals on the property. Ms. Deveraux replied yes, and she has had problems with her asthma as well. Ms. Mosher asked if it matters whose animals are staying on the property. She thinks the applicant would let other people’s animals stay on the property. Boardmember Spendlove noted it is not who owns the animals, only if animals have continued to be on the property. Ms. Mosher asked if bunnies count as livestock. Steve stated it would depend and explained the animal point system. No further opposition. The board asked if there is anyone who would like to make any statements or add comments in favor. If not, the Board would adjourn for deliberation. For the applicant: Brenda Sherner stated they plan on doing some type of privacy fencing and completely tarping manure. There being no further comments, Boardmember Spendlove closed the public portion of the meeting. Discussion between the Board and Steve regarding goats and the animal point system. Motion: Boardmember Christensen stated she has known of the property since sometime in 1960 to the present. She noted there have always been animals on the property. Based on that and the criteria presented, she recommends the approval of the non-conforming use. Boardmember Whetstone seconded the motion. Discussion between Boardmembers and Steve Lehman regarding the number of owners of a property, the grandfather, and no breakage of animal use. Steve Lehman confirmed it does not matter how many owners have owned a property. If the property has always been in the same use with no breakage of a year, that usage can continue. Board of Adjustment July 3, 2019 Page 7 Boardmember Whetstone stated that the evidence, affidavits, and testimonies heard, show there has not been a break of less than a year and has proven that there has always been some type of agriculture animals. Boardmembers discussed large animals vs small animals in an R-1-8 zone vs an Agriculture zone and determined it is clear there have always been chickens, rabbits, and dogs. A roll call vote was taken: Josh Pettersson Yes Angela McConkey Yes Scott Spendlove Yes Sandy Naegle Yes William Whetstone Yes Necia Christensen Yes Motion Carries – B-3-2019 Approved – Unanimous There being no further business, the meeting adjourned at 6:55 p.m. Margo Hoyt Margo Hoyt, Executive Administrative Assistant