Planning Commission approves conditional use permit for addition at 2543 N. 180 W.; pergola must be removed

The Pleasant Grove City Planning Commission on April 10 approved a conditional use permit allowing Calvin and Mackenzie Smart to expand a nonconforming house at 2543 North 180 West, with a required removal of an attached pergola that was built without a permit.

Jacob Hawkins, city planner, told commissioners the house sits on a lot that does not meet current rural residential frontage and width standards and explained why the structure is considered nonconforming under the city code. "Sometime between September 2018 and April 2019, the applicant constructed an attached pergola to the house, without a building permit and this pergola does not meet the required setbacks," Hawkins said during his presentation.

Hawkins said the proposed south-side addition would extend roughly 19–20 feet to the south, would align with the house and would encroach about one foot further into the rear yard; he told the commission the addition would be approximately in line with existing development and would not further impact adjacent properties. He summarized the standards for expanding a nonconforming structure under section 10-17-3-B and said staff recommends approval provided the pergola is removed and final planning, engineering and fire department requirements are met.

Calvin Smart, the applicant, spoke briefly and described his family history at the home: "...built this little house in February just out of high school and we thought it would be our year and a half, 2 year home and we're still there and raised our family. So, yeah, just looking to make a little bit bigger spot for a family to meet."

Commissioner Patton moved to approve the conditional use permit adopting the staff report exhibits, conditions and findings and adding the two conditions: 1) the attached pergola must be removed and 2) all final planning, engineering and fire department requirements must be met. The motion was seconded and carried with all commissioners voting aye.

The approval allows expansion of a legally nonconforming structure under the code section Hawkins cited, subject to the stated conditions. The commission did not add additional screening or buffering conditions, concluding the addition's impacts to neighboring properties are minimal; Hawkins noted future development on the adjacent vacant parcel would be required to follow applicable vicinity-plan or subdivision rules and could trigger additional mitigation at that time.