Rush Valley planning commission approves ADU and several permits; greenhouse CUP withdrawn

The Rush Valley Planning & Zoning Commission on Feb. 4 approved a conditional use permit for an accessory dwelling unit (ADU) and a separate building permit to finish the basement of Commissioner Scott Hawkins’s home, and granted a permit for a solar battery backup at 610 N. Main Street. The commission also received guidance that a proposed greenhouse project at 50 E. Pine Street must be applied for by the property owner; the applicant withdrew his request.

At the start of the meeting, Chair David Andersen and commissioners Scott Hawkins, Paul Bishop, Kyle Russell and Carl Wall were present along with Attorney Rob Clegg, Clerk/Recorder Patty Rowe and Engineer Doug Kinsman. The commission first approved the Jan. 7, 2026 meeting minutes on a motion by Carl Wall, seconded by Paul Bishop.

Commissioner Scott Hawkins requested a CUP for an accessory dwelling unit in his basement at 151 N. Kruletz Lane; the commission approved the CUP with a condition that parking for the ADU be provided in the driveway rather than on the street. Because Hawkins was the applicant, he did not vote on the motion. The commission separately approved a building permit to finish Hawkins’s basement after his contractor, Honest Construction, submitted required paperwork; Carl Wall moved and Paul Bishop seconded the motion, which carried unanimously among voting members.

The commission also approved a building permit for a battery backup to an existing solar system at 610 N. Main Street after Robert Thomas requested the permit and a solar company representative answered questions. The commission noted the battery will be installed on the side of the house and not enclosed in a structure; an electrical-upgrade permit for related work was submitted separately.

Applicant Charles Lenker, who had sought a conditional use permit to use existing buildings at 50 E. Pine Street for greenhouse technology, learned during discussion that the parcel already exceeds the town’s allowable structure coverage and that the property owner — not the applicant — must submit a CUP application. Town staff told Lenker that personal or hobby greenhouse use would not require a CUP but selling plants or allowing public access would, and that the parcel will be treated as a legal nonconforming lot. Lenker then withdrew his CUP application.

During public comments, Attorney Rob Clegg explained options for permit administration in response to Commissioner Kyle Russell’s question about why the commission approves building permits rather than a zoning administrator. Clegg said issuing permits through an outside provider such as Ensign Engineering is possible but would require the commission to initiate changes to town code. Russell also asked where the building-permit size threshold is found; the commission was told that, per State code, structures larger than 120 square feet require a permit. Clerk/Recorder Patty Rowe asked for a status update on a variance for the Vance and Betty Sagers Trust; Engineer Doug Kinsman said staff are still working with the recorder’s office and that the matter will be brought back to the commission for formal submission.

The commission completed Open and Public Meetings Act (OPMA) training by watching a training video; members signed a roster documenting completion. The meeting adjourned at 8:19 p.m. on a motion by Kyle Russell, seconded by Paul Bishop.