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Commission hears appeal over garage in public-utility easement; motion made to overturn administrator denial
Summary
An applicant sought approval to build a 24x20 garage that would encroach into a recorded 7.5-foot public-utility/drainage easement at 58 N. Barbed Wire Circle. Commissioners discussed easement letters, CC&Rs and alternatives; a motion was made to overturn the administrator's denial and approve the request (vote tally not recorded in transcript).
The Grantsville Planning Commission reviewed an appeal Sept. 4 by a homeowner seeking permission to build a 24-by-20-foot garage that would encroach into a 7.5-foot public-utility and drainage easement at 58 North Barbed Wire Circle.
Planning staff presented the appeal and explained that Public Works had denied an encroachment into the public-utility easement. Staff also provided the subdivision's CC&Rs and the recorded plat showing the easement. The applicant submitted letters from utilities indicating no active utilities are currently located in the easement, but staff noted the city retains the right to use the area for future utilities or drainage.
The homeowner, identified in the meeting record as Eric Chrisley, told the commission the easement has not been used for about 26 years and that most utility companies had provided letters of encroachment. "It's not gonna be used unless the city decides to run a sewer and water line through there," Chrisley said, arguing that the proposed garage otherwise complies with city setbacks.
Commissioners suggested alternatives to avoid encroachment — including reducing the building footprint to about 22 by 15.5 feet so the structure would clear the easement — and discussed risks if a homeowners association later enforced the subdivision's CC&Rs. Commissioners recognized that if the city later needed the easement, the property owner could be required to remove or relocate the structure and would bear the cost.
Following discussion, Presiding officer (unnamed in transcript) moved to overturn the planning and zoning administrator's denial and approve the request by Eric Chrisley to build a garage encroaching into the public-utility/drainage easement, stating the applicant had demonstrated sufficient grounds. The transcript does not record a roll-call vote or tally for the motion.
The commission's decision, as recorded in the meeting transcript, instructs the applicant to be aware of potential future costs and liabilities should the city or a revived HOA require the easement to be cleared.
