Toquerville planning panel recommends nightly rental for Vances with fire-safety conditions

The Toquerville Planning Commission voted to recommend approval of a nightly rental permit for Kathy and Ray Vance’s property (Tax ID TD-168G), subject to the fire marshal’s conditions and additional access and water-availability measures suggested by commissioners.

The application was a full submission, and staff reported the structure itself meets building-code requirements and has a current certificate of occupancy. Emily, the city’s planning and zoning administrator, told the commission that the “fire safety inspection was approved with conditions,” and that the lot and driveway are legally nonconforming under the MU20 zoning designation.

Nut graf: The decision turns on public-safety and access questions. Because the change from single-family residence to a nightly rental is a change of use for a legal nonconforming structure, commission members said the property must meet current city and fire code or receive clearly stated exceptions and conditions. Commissioners emphasized the fire marshal’s authority to revoke the permit if operations create an unsafe condition.

Staff and commissioners detailed the issues that prompted conditions. The driveway to the Vance property is steep, includes a hairpin turn and a mid-slope turn, and exceeds the city’s typical 15% grade limit for driveways. Commissioners and staff said the city code permits exceptions but that an exception should be tied to specific mitigations. Assistant City Manager Darren and other staff noted the applicants told staff they would work with the fire department to install a secondary access that is wide and stable enough for a fire apparatus. Commissioners outlined a construction standard: a roadway to support a 50,000-pound fire truck (roughly a 6-inch layer of No. 2 road base) and a turnaround suitable for emergency vehicles.

Commissioners also discussed onsite water. Staff and the applicants said the property has a large pond with a dry-hydrant connection already installed; applicants said the pond is about 3,000,000 gallons. Commissioners discussed installing a “dry pipe” or standpipe/hookup within 250 feet of the structure so fire crews can connect hoses and pump directly from the pond; the fire code standard discussed during the hearing requires water access within about 250 feet of the structure in some circumstances.

Several neighbors and the applicants spoke during the public-hearing portion. Neighbors described past occasions when fire trucks accessed the property and said they believed apparatus could reach the house; applicants and neighbors said they would coordinate with the fire department on any required improvements. No members of the public objected strongly enough to prevent a recommendation.

Motion and outcome: A commissioner moved to recommend approval as recommended by staff and with the fire department’s conditions; the motion included a recommendation that the applicants construct a secondary access and provide a usable water hookup (standpipe/dry pipe) within 250 feet of the structure. The motion was seconded and carried. The record shows the commission’s vote on the motion was in the affirmative and the permit recommendation was approved.

What’s next: The commission’s recommendation forwards to the city process for final permitting and inspection; staff said the fire marshal retains authority to revoke the permit if subsequent operations create safety problems. The commission recorded the recommendation with conditions rather than an unconditional waiver of city or fire requirements.

Ending: The planning staff noted the commission could require more-specific wording if city counsel or the fire marshal requests it, and staff said applicants will be expected to document actual improvements (secondary access construction and the installed standpipe/dry-pipe connection) before the nightly rental may operate without immediate revocation risk.