Planning commission approves Kirkham garage and sport court CUP with limits on commercial use and lighting

The Snyderville Basin Planning Commission on Aug. 13 voted 5–0 to approve a conditional use permit for a major accessory building and adjacent sport court for the Kirkham property at 7474 Bittner Ranch Road, adopting two amendments to the staff-recommended conditions.

The commission amended Condition 4 to state that the accessory building and sport court are for the private use of the property owners and "shall not be used for commercial purposes." It also amended Condition 7 to require that "all lighting on the accessory building and accompanying sport court shall be done in accordance with the lighting plans submitted with this application and shown in Exhibit D. Any modifications to lighting on the accessory building, sport court, or the primary dwelling on the property shall comply with all lighting requirements in the Snyderville Basin Development Code and be approved by the Community Development Director."

Planner materials and the applicant’s representative explained the application lacked lighting plans for the court; applicant Josh Kirkham told commissioners, "To be candid, we never had even thought about lighting on the sports court," and asked whether compliant lighting could be added later. Staff and commissioners said adding lighting would require an amendment to the CUP unless the commission explicitly authorized later administrative review.

Commissioners expressed neighborhood‑character and noise concerns—specifically the potential for increased nighttime use or conversion to instructional or commercial activity (for example, organized lessons or events). Commissioner Cook, who moved the approval, described the amendments as an attempt to preserve the residential nature of the zone while allowing private recreational use. Commissioner Hawley seconded the motion and the board approved it unanimously.

Under the new language, nightly rentals—defined by staff as stays of less than 30 days—count toward the commission’s concerns about commercial activity. The commission adopted consistent terminology throughout the conditions, replacing references to "tennis court" with "sport court."

The permit approval carries the standard conditions in the staff report; staff will verify that submitted lighting complies with the development code and that any later lighting changes meet dark-sky requirements or are the subject of a required amendment. The applicant said they could return to amend the permit if they seek additional amenities later.

The commission’s action reflects a compromise: it cleared the property owner to build the proposed private recreational facility while using the CUP process to limit commercial conversion and require code‑compliant lighting.

The commission’s action was taken after a public hearing and closes this item at the planning-commission level unless the applicant seeks further changes or an appeal is filed.