The subject property (8134 South 1300 West) is

WEST JORDAN BOARD OF ADJUSTMENT STAFF REPORT
DATE: December 9, 2014
ITEM 4 2
PROJECT#: V20140005
SIDWELL #: 21- 34- 278- 025; 21- 34- 277- 026, 028
1.
APPLICATION/REQUEST: S& K Machine Expansion Variance Request; 8134 South
1300 West; Variance request to waive undergrounding of utility lines along the frontage
the subject property; M- l; Dave Mortensen, Bush &
Gudgell ( applicant) [ Larry
of
Gardner# V20140005; parcels 21- 34- 278- 025; 21- 34- 277- 026, 028]
II.
A. APPLICANT:
Dave Mortensen, Bush and Gudgell
B. LOCATION:
8134 South 1300 West
C. ZONING:
M- 1
D. ACREAGE:
1. 45 Acres
BACKGROUND:
The subject property ( 8134 South 1300 West) is located within the Greenwood Industrial Park
Master Plan approved in 1980. The subject parcel is 1. 22 acres in area and the applicant will be
adding . 23 acres to the site as part of the subdivision and site plan approval process. The site
8134 South 1300 West) has been zoned M- 1 for over 30 years. The S& K Machine building was
originally constructed in 1989 with an addition approved in 2006. The applicant is proposing to
expand the business with a 7000 square foot addition to the existing building.
III.
GENERAL INFORMATION & ANALYSIS
The subject property' s surrounding zoning and land uses are as follows:
Existing Use
Zoning
North
Manufacturing
M- 1
South
Construction Storage Yard
M- 1
East
Farm Ground
BR-P
West
Manufacturing
R- 1- 81)
City Code, Section 8- 2- 4. A. requires as part of subdivision approval, all utility lines, including
power lines less than 69kV are buried underground. Section 8- 2- 4.G. allows property owners to
seek a variance from this requirement where the applicant can demonstrate that the findings
contained
in Section 13- 7G- 3
are met.
8- 2- 4.A. Utilities To Be Underground: All electrical, communications, television service
cables, and similar distribution service wires andlor cables to serve properties in
connection with new subdivision developments shall be placed underground at the
expense of the developer, builder or property owner, regardless of whether the utilities
are initially installed with the development or are in place prior to development. The
developer, builder or property owner shall be responsible for complying with the
requirements of this section, and shall make necessary arrangements with each of the
servicing utilities for installation of such facilities. Efforts will be made by responsible
persons
to
encourage
and accommodate
collocation
within
underground
utility
conduits. "
Section 8- 24G. Variance: The requirements of this section applied to any particular
development application may be the subject of a pre-application variance appeal to the
board of adjustment, which variance appeal must address and provide substantial
evidence of compliance with the existing variance criteria provided in this code. (2001
Code § 89- 6- 405; amd 2009 Code; Ord. 12- 30, 12- 12- 2012)".
With the building addition of 7000 square feet to S& K Machine, a subdivision is also required
with the site plan approval. The reason a subdivision is required is to dedicate a small 3' X 33'
piece of property extending into 1300 West to the City and to consolidate the parcels. It is
worthy to note that the utilities fronting the subject site were not required to be undergrounded at
the time of original construction in 1989 or with the first addition in 2006.
Section 10. 9a. 702 of the State Code requires the Board of Adjustment to review a variance
request based on five findings. These findings are also contained in City Code, Section 13- 7G- 1
and are addressed in the following section.
IV.
FINDINGS OF FACT
Prior to approving any Variance, the Board of Adjustments shall make findings on the following
criteria and shall have the duty and power to approve, disapprove, and/ or require modifications
as deemed necessary to carry out the purposes of the Municipal Code.
Criteria 1:
Literal enforcement of this title would cause an unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this title. The
board of adjustment shall not find an unreasonable hardship if the hardship is
self-imposed or economic. To determine whether or not enforcement of this title
would cause unreasonable hardship, the board of adjustment shall not find
unreasonable hardship unless the alleged hardship:
1. Is located on or associated with the property for which the variance is
sought; and
2. Comes from circumstances peculiar to the property, notfrom conditions
that are general to the neighborhood,
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Discussion: The proposed S& K Machine Expansion subdivision will create one
1. 45 acre lot with a lot width of 311 feet along 1300 West. The subdivision will
dedicate approximately 99 square feet of right of way to the City. The only place
thetpower lines are buried is between 8518 South and 8633 South for 717 feet
adjacent to the residential subdivisions, Arbor Meadow Cove and Killey Lane.
There are two utility poles in the landscaped area along the frontage of the S& K
lot and one in an undeveloped portion to the South of the lot. Because of the pole
placement, only one middle pole will be actually removed. The poles at both ends
would remain to provide support for the existing overhead lines. The City cannot
require the applicant to bury the lines beyond their property lines. As the poles
are existing the hardship is not self-imposed nor is it a result of economic
circumstances. It is associated with the property to which the variance is being
sought, and is associated with a circumstance peculiar to the property.
The S& K expansion is not a new subdivision development but rather an
expansion and consolidation of properties with the dedication of a small piece of
property to the City. If S& K had only been required to apply fora site plan
review they would not be required to underground the utility lines. In site plan
review only, sites with less than 400 feet of frontage are not required to
underground utility lines. The S& K site has 311 feet of frontage.
The undergrounding of the utilities will require the removal and replacement of
existing established landscaping, existing drive approaches and disturbance of all
other existing utilities in the park strip.
Finding: Literal enforcement of this title would cause an unreasonable hardship
for the applicant that is not necessary to carry out the general purpose of this title.
Criteria 2:
There are special circumstances attached to the property that do not generally
apply to other properties in the same district and relate directly to the hardship
complained of.•
Discussion: Utah State Code states that the Board of Adjustment may determine
if special circumstances exist if the special circumstance is:
1.
Related to the hardship complained of-,and
2. Deprives the property of privileges granted to other properties in the same
zone.
All new subdivisions require that all electrical lines under 69kV be placed
underground, regardless of the width of the proposed subdivision. The proposed
combined lot will be 311' in width and the dedicated portion is only 3' X 33'. The
site improvements will include a 7000 square foot addition and associated
landscaping and off-street parking.
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The Greenwood Industrial Park Master Plan subdivision was recorded in 1980
and at that time was not required to underground the utilities along 1300 West but
the utilities were buried underground in the industrial park.
The underground
utilities in the* industrial park are serviced by the overhead power lime on 1300
West, including S& K Machine. In essence S& K Machine is being required to
burry the power lines that service the entire industrial park, not just the machine
shop. S& K Machine will not be adding more power or other utility drops based
on the expansion but will use the existing lines running to the site. If a new
subdivision development was to occur in the M- 1 zone the justification could be
made to underground the utilities, but an addition to an industrial building is not a
new
subdivision
development but
a
site
specific
upgrade.
The applicant is
meeting all other parking and landscaping requirements of the M- 1 zone and to
require the applicant to underground utilities that was not required at the time of
the original development is depriving them of a privilege that neighboring
properties are not required participate in, but still benefit from.
The only
difference is that the overhead power lines happen to be along S& K' s frontage.
Finding: There are special circumstances attached to the property that do not
generally apply to other properties in the same district and relate directly to the
hardship complained of.
Criteria 3:
Granting the variance is essential to the enjoyment of a substantial property
right possessed by other property in the same district:
Discussion: The Ordinance allows for an exemption from the undergrounding
requirement if the petition was for a site plan without a subdivision, with less than
400' in width. As such, the requirement, as only applied to subdivisions, appears
to deprive the property of privileges others in the same zone enjoy.
Finding: Granting the variance is essential to the enjoyment of a substantial
property right possessed by other property in the same district.
Criteria 4:
The variance will not substantially affect the general plan and will not be
contrary to the public interest:
Discussion: The General Plan seems to dictate undergrounding of utilities in
commercial areas and residential areas but does not have the same disposition for
industrial
areas.
The
General
Plan
addresses
the
placement
of utilities
underground for new commercial projects and existing commercial projects in
the Commercial Land Use section. The applicable Goals and Policies state the
following:
Goal
3:
Provide well-designed, aesthetically pleasing,
commercial areas within the City of West Jordan
and efficient
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Policy 1. Improve the visual appearance of all commercial areas.
Implementation Measure:
8. Encourage the underground placement of all utility line throughout
commercial-areas. Develop practical and consistent standards for
undergrounding utilities in redevelopment and infill areas.
The General Plan calls
for industrial development to be attractive, clean,
landscaped and buffered from less intense uses.
However, the Plan is silent on
undergrounding of utilities in industrial zones.
In Staff' s opinion, the proposed variance is consistent with the goals of the
General Plan. The proposed subdivision will only assemble parcels around an
existing development and be dedicating property to the City.
Finding: The variance will not substantially affect the general plan and will not
be contrary to the public interest.
Criteria 5:
The spirit ofthis title is observed and substantial justice done.
Discussion: The purpose of the development ordinances are:
Segregate uses to reduce incompatibility issues;
Reduce and mitigate negative impacts;
Provide areas where similar uses can flourish,
Regulate development standards to provide an attractive, clean, safe
environment;
Protect the health, safety and welfare.
It is Staffs opinion that the City will not be negatively impacted by granting a
variance waiving the requirement to underground the utilities along the frontage
S& K Machine.
The applicant is not undertaking a new subdivision
of
development but is merely improving their building with an addition and
dedicating property for public use.
Finding: The spirit of Title 13 is observed and substantial justice done.
V.
CONCLUSION:
The proposed request meets the requirements for granting a variance as contained in City Code,
Section 13- 7G- 3: Variance Criteria.
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VI.
STAFF RECOMMENDATION:
Based on the positive findings set forth in this staff report, Staff recommends that the Board of
Adjustment approve the variance request for S& K Machine Expansion located at 8134 South
Westin the M- 1 zoning district.
VII.
MOTION RECOMMENDED:
r.....................................................................................................................
Based on the positive findings set forth in this staff report, I move that the Board of Adjustment
approve the variance for S& K Machine Expansion located at 8134 South 1300 West in the M- 1 c
zoning district to waive the requirement to underground the utility lines along the frontage of the
S& K Machine property.
If the moving member disagrees with the staff's findings and conclusions and finds
substantial evidence supporting a different result, thefollowing motion may be given:
Based on my reading of the staff report and/ or the new evidence and further explanations and
discussions received in this meeting today, I move that the Board of Adjustment denv the
variance to waive the requirement to underground the utility lines along the S& K Machine
property located at 8134 South 1300 West in the M- 1 zoning district. Specifically, I disagree
E with the Staff and find that the following required criteria for a variance has not been met:
1.
Literal enforcement of this title would cause an unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this title. The
board of adjustment shall not find an unreasonable hardship if the hardship is selfimposed or economic. To determine whether or not enforcement of this title
would cause unreasonable hardship, the Board of Adjustment shall not find
unreasonable hardship unless the alleged hardship:
a. Is located on or associated with the property for which the variance is
sought; and
b. Comes from circumstances peculiar to the property, not from conditions
that are general to the neighborhood;
2.
There are special circumstances attached to the property that do not generally
apply to other properties in the same district and relate directly to the hardship
complained of;
3.
Granting the variance is essential to the enjoyment of a substantial property right
possessed by other property in the same district;
4. The variance will not substantially affect the general plan and will not be contrary
to the public interest; and
5.
The spirit of this title is observed and substantial justice done.
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Which criteria has been met or not met? Why?
a
Note. All applicable criteria must be met to support a positive action by the Board of
Adjustment.
VIII.
ATTACHMENTS:
Exhibit A- Vicinity and Aerial Map
Exhibit B - Zoning and Land Use Map
Exhibit C - Site Plan
Exhibit D- Preliminary Subdivision Plat
Exhibit E-
Power Line Placement Options
Exhibit F - Application Questions
Exhibit G-
IX.
Application
CLEARANCE
Planner:
arry
do
r P anne
Reviewed by:
Greg Mikolash, AICP
City Plant=
Reviewed by:
Robert Thorup
Deputy City Attorney
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1. The owner of an existing building at 8120 South 1300 West wishes to expand their facility by
7, 000+/- SF. The planned expansion requires the purchase of additional property and merger of
the joint parcel, ordinarily, a minor development activity such as this would only require a lot
consolidation filing. However, the acquired property includes a strip of land 3. 4' wide, which
extends about 33' into 1300 West. This small strip was not previously dedicated as a public
right- of-way( ROW). Because of the unusual shape ofthe parcel and the associated
requirement of a ROW dedication, a new subdivision filing is necessary.
2. § 8. 2-4: Underground Utilities Required.
3.
A
The ordinance requires underground utilities " to serve properties in connection with new
subdivision
developments." The
unusual
3. 4' strip extending into 1300 West is itself
unrelated
O
to the connection of utilities to the property and, while the proposal is for a new subdivision
filing to
resolve
the ROW issue, the development
of the site
is
not
itself"
Ca
new."
4. Arguably, the strip In question is already part of the ROW through 10 years of continuous public
use. It would seem that requiring the overhead powerline to be buried as part of the process of
removing any doubt
S.
about
the ROW
would
bean
unreasonable
Cy
burden.
The 3. 4' strip of land extending into 1300 West is an unusual feature of the parcel and
uncommon
if
not
entirely
unique
among similarly
situated properties.
highly
But for this feature,
no
roadway dedication would be necessary and the goals of the owner would be possible through a
Yes. Virtually
all
property
owners with
property
fronting
1300 West
O
4-
simple lot consolidation rather than through a subdivision filing.
6.
a
would
be
able
to undertake
0
Cu
V
the modest development activity proposed here without being required to bury 300' of
overhead powerline. Granting this variance would allow this property owner enjoy the same
opportunity.
7.
Q
The segment In question is roughly 300' out of aline over 60,000' ( 11.4 miles) in total length.
Since about 95% of the 11. A miles is presently above ground, granting this variance is plainly not
contrary to, nor will it undermine, either the general plan or the public interest.
8. Granting the variance will achieve substantial justice by resolving the existing problem of the
3. 4' strip of property not previously dedicated as right-of-way without creating anew and highly
unusual burden on this property. The proposed development activity does not itself create the
atypical circumstance nor impose any new burden on the existing utility infrastructure.
MAR
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BOARD OF ADJUSTMENT
VARIANCE APPLICATION
CITY OF WEST JORDAN
5000 SOUTIIREDWOOD ROAD
WWT JORDAN, UT 84088
801) 569- 5060
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as a modification, granted
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of a zone's
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bulk, area,
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building or struoaue
or other site improvements which are set fourth in Section 13- 7G- 1 of the West Jordan City Zoning Ordinance
and Section 10.9a-702 ofihe Utah State Municipal Coda. The Board of Adjustment may grant a varance only
i£
1. Literal enforcement ofthe Zoning Ordinance would cause an unreasonable hardship ofthe Applimut
that is not necessary to carry out the g® oral ptz4tgosc ofthe Zoning Ordinance,
2. There are special circumstances attached to the property that do not generally apply to otlur properties
in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other
property in the same district
4. The variance will not substantially affectthe general plan and will not be contrary to the public interce,
and
5. The spirit of the Zoning Otdiaanee is observed and substantial justice done.
The Board of Adjustmemniects on the last Wednesday of the month as needed,
Please
submit an application. required piaterials and a
the public
hearing date.
Signalise
of Applicaut
0( non-refimdable) filing fee at least 30 days prior to
Meill'?
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Or A. dwdwdAWt
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Signature ofProperty Owner
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15
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