Planning commission allows bathroom, office in Larkin shop but flags wholesale nursery use in residential zone

The Hooper City Planning Commission on March 13 approved a conditional use permit to add a bathroom and office space within an existing oversized structure at 6690 West 5100 South owned by Tyler Larkin, with a condition that all work not proceed until the parcel is in compliance with applicable city and state ordinances.

The permit vote addressed only the plumbing and interior-office change; commissioners and staff repeatedly noted the separate question of whether Mr. Larkins broader operation at the site qualifies as a wholesale nursery and therefore conflicts with Hoopers residential zoning. That larger land-use question was not resolved at the meeting; commissioners directed staff to enforce city code if the use exceeds what was permitted.

Commission staff told the commission the building originally carried an agricultural-only condition when the owner sought an exemption; adding a restroom and office prompted staff review because the earlier conditional use said the structure was for agricultural use only and a restroom/office could indicate a different use. "If he wants to put a bathroom and those things in, he can't have that under that [agriculture] exemption," a staff member said during the discussion.

Applicant Tyler Larkin told the commission the site is intended to supply landscaping contractors and wholesale customers rather than retail customers: "It's more for other landscapers to see what we offer," he said. He estimated pickup activity in the busy season could be about once a week via pickup-and-trailer and said occasionally larger deliveries arrive.

Several neighbors, including Wesley Flynn, urged commissioners to scrutinize whether the operation is being run like a commercial wholesale nursery in a residential zone and whether improvements and impact fees had been handled consistently. "He's doing all the same things I'm doing," Flynn said, citing driveway, power and water hookups and storage containers on the property. "Why isn't he paying for improvements like I am?"

City attorney and staff guidance at the meeting framed the commission's immediate authority narrowly: the commission could approve the interior alteration (bathroom/office) but that action did not waive other city ordinances or confer permission to continue any potentially nonconforming commercial use. Brandon (city attorney) told commissioners they could add an explicit condition stating the approval does not waive compliance with other ordinances. Commissioner Prince moved approval with a condition that the parcel comply with all applicable city and state ordinances; the motion carried.

The commission also discussed enforcement pathways and potential remedies (variance, ordinance changes, or a code-enforcement referral) if the use is found to be out of compliance. Several commissioners suggested reviewing whether the state agricultural exemption cited on other parcels could apply to nursery/horticulture products; staff noted state guidance can be factored but that local zoning controls allowed uses in a given zone.

What happens next: The permit allows the owner to pursue building permits for the bathroom/office only after the city confirms compliance with applicable rules; the broader question of whether the site may operate as a wholesale nursery in an R-1 zone will be handled separately, either through code enforcement, a variance request, or a zoning/ordinance change.