Planning commission approves conditional use permit for vehicle sales lot on North Crescent Road

ROOSEVELT, Utah — The Duchesne County Planning Commission voted to approve a conditional use permit for a used-vehicle and trailer sales lot on private property north of Roosevelt and west of North Crescent Road, the commission said at its Jan. 8 public hearing.

The permit, requested by applicant Paul Swenson, allows vehicle and trailer sales on about a quarter-acre portion of a 10-acre parcel (Parcel 0000055115) provided the operator meets conditions the county outlined, including road and fire-access upgrades and compliance with building and health permits. Commission Chair Connie Sweat read the list of staff findings and recommended conditions before commissioners closed the public hearing and voted to approve the request.

The approval matters because the site is located in an A-5 (agricultural, five-acre) zoning district where vehicle sales are allowed only with a conditional use permit and because the lot sits roughly 115 feet from the nearest dwelling and uses a private 330-foot access from North Crescent Road. Staff said the permit can be revoked or modified if the conditions are not met.

Mike Godtfredson, Planning and Zoning assistant director, told the commission that staff found the proposed use would "not be unduly detrimental or injurious to property or improvements in the vicinity" provided the recommendations in the staff report are imposed as conditions. Godtfredson described the property as 10 acres with the proposed sales area on the eastern half and said the applicant has a recorded right-of-way across private property to reach the parcel. He noted that the sales area currently is graveled and that the county does not require a permanent habitable structure as a precondition for a vehicle-sales lot, but that an RV cannot be used as a compliant permanent office because "RVs cannot receive certificates of occupancy in Duchesne County because they're not residences." Staff advised that a building permit and Tri-County Health approval would be required if a permanent office with water and wastewater connections is installed.

Commission discussion and public comment focused on access, fire and drainage infrastructure, nuisance mitigation, signage and neighbor concerns. Commissioners asked staff whether the 12-inch culvert on the access route would need further review; Godtfredson said the Division of Water Rights did not list that culvert on its structures map and recommended adding written approval from the fire marshal for the culvert crossing as a condition. The staff report also calls for an emergency vehicle turnaround (50-foot radius), an all-weather access meeting wildland-urban-interface standards (20 feet minimum width, 13 feet 6 inches clear height), parking and driveways with durable dustless surfaces, and compliance with county noise and junk/solid-waste rules.

Applicant Paul Swenson told the commission he and his family have ties to the area and said he believes there is a countywide need for a local used-vehicle and trailer seller. Swenson said his business holds a state dealership license and that repairs would be done off-site in Salt Lake, not as an on-site mechanic shop. He told the commission he would "comply with whatever is required of us" and said he has discussed road maintenance options with neighbors, offering to cover work if neighbors prefer to maintain the road themselves.

The commission also received written opposition from neighbor Amanda Arnold (25 87 North Crescent Road), who said in a submitted letter that she is "against it," complained of short notice about the hearing and said the dirt road to the property is maintained by neighbors and that additional traffic would be harmful to adjacent properties.

After closing the hearing, a commissioner made a motion to approve the conditional use permit with the recommended findings and the added requirement that the fire marshal approve the culvert crossing; the motion was seconded and passed by voice vote. Staff will prepare a written decision and mail it; the decision may be appealed to the Duchesne County Commission within 10 days of the notice of decision being mailed.

Votes at a glance

- Re-election of Chair: Connie Sweat was re-elected chair for a second consecutive year by voice vote (motion and second recorded; individual tallies not specified).

- Vice chair appointment: Reid Van Wagner was elected vice chair by voice vote (motion and second recorded; individual tallies not specified).

- Conditional use permit (Paul Swenson / Crescent Moon LLC): Motion to approve the CUP with staff conditions and an added requirement for fire-marshal approval of the culvert crossing; motion seconded and approved by voice vote (individual tallies not specified). Staff will issue a written decision and a 10-day appeal period follows mailing.

- Minutes: The commission approved the Dec. 4 meeting minutes by voice vote.

What the permit requires (key conditions summarized from the staff report)

- Obtain Duchesne County business license and any required building permits before commencing commercial operation. - Parking and driveways maintained with a durable, dustless surface; emergency vehicle turnaround (50-foot radius) required and must be maintained. - Access (2550 North and 330-foot private right-of-way) must meet Section 403.3 of the wildland-urban-interface code and be approved by the Duchesne County Fire Marshal or fire warden; culvert crossing must be approved by the fire marshal. - No storage of inoperative vehicles, vehicle parts or other "junk"; site must comply with county solid-waste, dust and noise ordinances (county noise hours cited by staff: weekdays 7 a.m.–9:30 p.m., Saturdays 8 a.m.–9:30 p.m., Sundays 9 a.m.–9:30 p.m.). - Signs must be on-premise, non-internally lit and not exceed 32 square feet unless otherwise permitted. - If an office structure is installed, water and wastewater approvals from Tri-County Health and appropriate building permits are required before use.

Next steps and administrative notes

Staff will issue the decision in writing and mail notices to participants. The written decision will include the specific conditions and the 10-day period to file an appeal with the Duchesne County Commission. The planning staff also reminded commissioners about planning training opportunities and the county's general-plan update process during the meeting's information items.