planning commission approves subdivision request
By Blaze Bullock
April 16, 2009 | SMITHFIELD -- The
Planning Commission voted unanimously in favor of developing
a new minor subdivision at a public hearing Wednesday.
Steven Schenk's request to the commission
to give him permission to build a final plat for a two-lot
minor subdivision and obtain a conditional use permit
was granted. The approximate location for the construction
is 272 N. 300 West. The two lots are just under one
The proposal came with some opposition
at the hearing. Robert Levan lives in a house just north
of the lot where the proposed construction would take
place if the City Council approves it in their next
meeting. Levan expressed concern that construction of
the two lots would cause dust and dirt to be blown into
his back yard and house.
"I will not be happy if I have
a house full of dirt," Levan said. "I don't want my
Levan said the construction would
be "bad aesthetically and monetarily."
Chairperson Rik Vernon responded
by saying that in similar situations he hadn't heard
of any complaints.
Lynette Gardner lives just south
of the lots and said she was opposed to the construction
but for other reasons. Gardner has horses in a fenced
area that borders the southern part of Schenk's land.
Her concern is that kids living in the house might get
hurt by her horses. Deputy Recorder Charlene Izatt said
that Gardner can't be punished if someone's children
get hurt by the horses in the fenced area.
Levan said he's not against the construction
but that he wants to make sure it's done properly. "I
want everyone to know that I will be monitoring this,"
he said. "I just want to make sure every rule is followed
to the letter."
Schenk said he's been in the construction
business for about 20 years and that he'd do all he
could to make sure the area is clean. Schenk also said
that he might not be able to prevent Levan's yard from
getting dirty. "There's no doubt about it, it could
be a problem," Schenk said.
Levan suggested the Planning Commission
look at the site before they make any decisions on the
matter. Levan also guaranteed the situation was something
they had never dealt with before. "I suggest you take
a field trip ," said Levan.
Vernon mentioned the possibility
of waiting until the next meeting to make a decision
on the matter. Schenk said it would be difficult to
wait a month for the next meeting because City Manager
James Gass told him it would be best if the construction
could be done before July 1. July 1 is the day the city
will begin construction on the neighborhood's road,
which would be difficult to do if Schenk was making
a driveway to the lots, Schenk said.
Commissioner Barbara Kent said there
was no legal reason to stop the construction. Commissioner
Roger Douglas agreed with Kent and suggested they vote
in favor of the proposal so Schenk could be done with
the driveway before July 1. The rest of the commission
agreed as evidenced by the unanimous vote.