Grantsville planning panel finds USA RV & Storage out of compliance, revokes and reinstates permit with conditions

The Grantsville City Planning Commission voted 3-2 Thursday to find USA RV & Storage out of compliance with its conditional use permit, revoke that permit and immediately reinstate it with new conditions and a 45-day deadline to come into compliance.

The action followed an "order to show cause" hearing focused on shipping containers outside the fenced area described in the business's permit at 1361 Old Lincoln Highway and related site conditions. Planning staff and several commissioners said evidence established the containers were being used in connection with the business and located outside the approved fenced area; the applicant disputed that some containers were privately owned. The commission's motion reinstated the permit with conditions including that U-Haul vehicles and all containers be parked inside the fenced area, hours for pickup and drop-off be limited, a six-foot privacy fence be installed, and the permit remain within the approved acreage.

Planning staff opened the hearing by explaining the evidentiary burden rested on the applicant to show compliance or concede noncompliance and allow the commission to consider amendment, revocation or other remedies. Trenton Andress Homer, who identified himself as owner/operator with USA RV & Storage, testified under oath that some containers outside the fence were owned by a third party (identified in the transcript as the Popa Trust) and that U-Haul rental operations were to be limited to hours he had set with the rental company. Homer said he had told the rental company his hours and was willing to change practices if required.

Shelby, the city planner, presented staff's position that containers and blocked access were items identified in the order to show cause and that the U-Haul activity and a second blocked access were material to the permit conditions. City attorney Tyson explained the hearing procedure and the standard of proof (more likely than not). Commissioners asked whether the commission sought revocation or an accommodation; several said they preferred a path that returned the business to compliance rather than immediate revocation.

After testimony and discussion, the commission voted that USA RV & Storage was out of compliance as to the shipping containers outside the fenced area described in the conditional use permit. The vote was recorded as: two commissioners voting to find the business in compliance and three voting out of compliance; the chair ordered a roll-call and the finding was entered 3–2 against compliance.

Following that finding, Commissioner Rick (first name used in the transcript) moved to revoke the existing permit and immediately reinstate it with conditions. The motion as read into the record included these requirements: maintain a current business license; not expand use without approval; limit hours for container pickup/drop-off to 8 a.m.–4 p.m.; immediately reinstall a six-foot privacy fence; keep all operations and parked U-Haul vehicles within the permitted 3.27 acres; and meet the specified conditions within 45 days. The motion also directed staff to review compliance. The motion passed on a roll call (three yeas, two nays). The commission later tabled further consideration of the applicant’s formal amendment until a subsequent meeting.

Planning staff said the order to show cause notice had been limited to the container-storage issue; commissioners noted that other site issues (entrances, fire access) could require separate notice. The commission and staff discussed allowing a probationary period and adding conditions such as moving or removing containers, bringing a second entrance into compliance, and restricting parking outside the fenced area.

The applicant and staff were directed to follow up with documentation and site work to meet the reinstated permit conditions. The commission did not adopt additional penalties at the meeting; it specified the process and timeline for staff review and return to the commission if compliance was not achieved.

The commission also made a separate procedural motion to table consideration of the applicant’s pending amendment to expand the conditional use permit, leaving that expansion unresolved pending the compliance review and any necessary future hearings.