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Planning commission approves Sew and Fit Tailor Shop addition amid neighbor complaints about excavation
Summary
The Murray City Planning Commission granted site‑plan approval for a 1,800 sq. ft. addition to Sew and Fit at 192 E. 4500 South, subject to 12 conditions, after neighbors raised concerns that soils testing in December damaged a shared fence and parking area. Staff said the building permit was flagged for site‑plan review and that property damage is a civil matter.
The Murray City Planning Commission on March 19 approved a site plan allowing a 1,800‑square‑foot addition to an existing 1,100‑square‑foot Sew and Fit Tailor Shop at 192 East 4500 South.
Planning staff recommended approval, saying the proposal meets the city’s CD zoning requirements and general plan goals provided the applicant satisfies a dozen conditions before building permit issuance. Planner David Rogers told commissioners the 0.2‑acre site meets landscaping and parking standards under city code (section 17.16 and a related section cited as 17.68.0.04) and that the project will require nine parking stalls; one currently shown on an alley must be relocated per fire and engineering review before a building permit will be approved.
During public comment, neighbor Ian McCracken of 198 East 4500 South said excavation that began in mid‑December caused his concrete slab fence to collapse and damaged his asphalt parking area. “This construction began mid‑December without any conversation with the neighbors,” McCracken said, showing photos and saying the damage has affected his property value and ability to operate. He asked whether a permit had been granted before work started and whether penalties apply.
The project contractor, Andrew Milam, said crews excavated for a soils engineer as part of the building‑permit process and that a survey showed the fence encroached about two feet onto the applicant’s parcel. Milam told the commission the digging was to test proposed footing locations and not to start vertical construction: “It was just for the soils report…we didn't continue on construction or anything like that.”
Rogers and planning staff explained that a building permit application had been submitted and the application was flagged by the building division because site‑plan approval was required before the permit could proceed. Staff said soils reports are a building‑division submission requirement for commercial projects, and that the city’s land‑disturbance permit is required only when disturbance exceeds one acre. Assistant city counsel also advised the commission that damage to adjacent private property is a civil matter between owners and not a code enforcement decision for the planning commission.
After discussion and a request that the neighbor and applicant try to resolve the damages in the hallway, a commissioner moved to approve the staff recommendation. The commission approved the site plan by unanimous roll call. The chair closed the item by urging civility and asking the parties to work out restitution privately.
What happens next: The applicant must meet the specified conditions — including relocating the alley parking stall before a building permit is issued — and obtain the building permit before continuing work. Any claim for repairs to the neighbor’s fence or parking should be pursued civilly, staff said.
