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Planning commission recommends denial of conditional-use appeal for home-based tire shop
Summary
The Grantsville City Planning Commission voted to recommend denial of an appeal by Steven Richardson to operate a tire repair and replacement business from a detached garage at 148 Southwest Street.
The Grantsville City Planning Commission on Jan. 2 recommended denial of an appeal seeking a conditional-use permit for a home-based tire repair business at 148 Southwest Street.
The applicant, Steven Richardson, told commissioners his work would be carried out in a detached garage at the rear of the property and that operations would not be visible from the street. "My business would run out of a detached garage that's on the property," Richardson said. "All the business operations will not be visible from the street." He added that he had not previously offered services to the public and that his shop was not currently operating as a commercial enterprise.
Planning staff and the commission examined whether the proposed use fit the municipality's definition of a home occupation. Staff pointed to code language that limits home occupations to activities that are not apparent from the property exterior and that do not produce noxious emissions, excessive noise or visible equipment. The city attorney and staff noted that automotive repair activities typically produce noise and visible vehicle storage and that auto repair is listed as a specific conditional use in other zoning districts, but not in the applicant's R-7 zone.
"The code is not as clear as it should be," the city attorney said during the discussion. He told the commission there is some discretion in interpreting the ordinance but that, on balance, the proposed tire repair activity is not the type of professional or quiet home occupation the rule envisions.
Commissioners discussed options including rezoning, an overlay district for the Clark-to-Durfee corridor, or denial. Several commissioners said they were sympathetic to the applicant's interest in a small local business but concluded the current code does not clearly authorize the use at this location without changing the zoning or adopting an overlay.
On a motion to deny the appeal of the conditional-use permit, the commission recorded a roll call and the motion carried. The applicant was informed he may appeal the decision to the City Council.
Votes at a glance
- Appeal of denial of conditional-use permit for Richardson's Tire at 148 Southwest Street: Planning Commission — motion to deny appeal approved (commission recorded roll call; applicant may appeal to City Council).
