Planning commission approves conditional-use permit for Austin Black after irrigation-easement concerns

Levan Planning Commission members on Wednesday approved a conditional use permit that would allow landowner Austin Black to locate an accessory shop on a corner lot while preserving town parking and traffic flow.

Chair Nathan Washer opened the Dec. 3 meeting and commissioners discussed whether the parcel should be treated as a standard corner lot subject to a 30-foot setback. The applicant, present in the meeting record as a resident, told commissioners he discovered what he believed to be a buried irrigation mainline behind his shed and asked for flexibility so he could use the back of his lot without damaging utilities. "I didn't find this until after building my house, but there's supposedly an irrigation line around right under that shed back there," the resident said.

Commissioners reviewed the town—ode's conditional-use criteria, noting factors such as compatibility with surrounding structures, traffic impacts, off-street parking and utilities. Members expressed concern that forcing the applicant to rotate the building to meet a strict corner-lot setback would create a driveway that could remove existing parking and worsen pedestrian and traffic safety near the park, while siting the building closer to the property could risk the irrigation mainline.

Jesse Carter moved to approve the conditional use permit; Rachel Goetz seconded the motion. On the record, two commissioners voiced "aye" and no opposition was recorded; commissioners directed staff to place the item on the town council agenda for final approval. Chair Washer and other commissioners also asked staff to verify the irrigation line location before any digging and noted the irrigation company had offered to mark the line.

Commissioners reported the town contact briefed them that the irrigation mainline running near the property is a large pipe—described in the discussion as a 24-inch line—and that the easement is likely about 10 feet, but they said the exact easement width was "not specified" in the meeting and recommended field marking to avoid damage. As one commissioner put it, if the pipe were struck it "would drain the pond," underscoring the safety and infrastructure risk.

The planning commission approval is advisory; the council is scheduled to consider the conditional use permit at its next meeting. Commissioners said they would try to attend the council meeting to answer questions and that staff would follow up to locate and mark the irrigation mainline before any construction begins.