Council asked for exceptions to zoning code

Should the city grant variances on its zoning code for specific requests from citizens? The Sundance City Council had three opportunities to consider this question at last week’s meeting, and the answer was different for each unique circumstance.

Mayor Paul Brooks opened a public hearing for a zoning change with a little history on how the zoning code came to be. Years ago, he said, there was no zoning at all in Sundance and the city was a “hodge podge” of different types of property.

The council went through a lot of effort to get it zoned, he said, modeling its code off the one created for Bay City, Oregon. Over time, attempts have been made to push for compliance, he said, such as when industrial businesses have been encouraged to move away from the downtown area and variances were denied for replacing properties that were already present in the wrong zone with the same kind of property.

This was done, he said, “So that the zoning really meant something.”

“That’s how we got to where we are today. These people who are here on the council have the right to change the course,” Brooks said.

With that said, the council considered the first zoning request of the evening, from Sundance View Estates. A property owner in the subdivision asked to change five frontage lots that are currently zoned to be “highway business district” into “low density residential.”

The size of the tracts would not change with this request, but the rules for what could be built there would be very different.

However, several audience members were present to state their preference that the zoning be left as it is.

“The people who cared enough to come here don’t want it changed,” said Brooks. The person who made the request, he pointed out, was not present.

Council Member Callie Hilty pointed out that the city currently has “zero empty lots” on which to build homes, which would make this a positive change for population growth. She also wondered why the owners of neighboring lots would be opposed to the change as a residence is less obtrusive than having a large business outside your house with people going in and out all day.

A resident of the subdivision pointed out, however, that most businesses close by 6 p.m. On the other hand, neighbors can expect “constant activity” from a residential property.

Audience members further pointed out that the lots would be the perfect location for a business, though Hilty pointed out that they have not sold for a long time. It was suggested that the city should promote the sale of those lots, which Brooks said is not within the purview of the council, but could be addressed by the economic development committee.

Brooks called for a motion. After a long pause, Council Member Joe Wilson moved to deny the zoning change for the official record on the basis that the people who attended the meeting were against it.

The council then considered a second request from Carolyn and Brent Fowler, who have purchased a property within the industrial plaza that they intend to use as their home. The Fowlers asked that the zoning be changed from industrial to high density residential.

Hilty expressed concern over the possibility that granting the request could set a precedent, as anyone who has a shop in the industrial zone could add an apartment and rent it out. That’s not the Fowlers’ fault, she added, as the property contained an apartment when they bought it.

Brooks shared a concern that has been conveyed to him from members of the community that, if you change the zone for a lot to residential and it is not then used for a residential property, what does the zoning code really mean?

One citizen in the audience commented that they don’t want to see one of their neighbors suddenly add a mechanic shop, as they didn’t buy a residential property to suddenly be living next to a business.

The Fowlers assured the council that they are planning to use the property for residential purposes and intend to live there full time. No business will be run there, they said.

Wilson commented that he would probably say no to the request without question if it wasn’t for the fact the Fowlers are business owners who employ people in town. Council Member Brad Marchant moved to approve the request and the rest of the council concurred.

The final request was not ready for council approval on Tuesday night as it had yet to go through the Land Use Planning & Zoning Commission. However, the Hoopers attended the meeting to ask for guidance on whether to move ahead with their variance request.

The zoning change in this change would allow a piece of property in a high density residential zone to be altered in such a way to allow a mechanic’s garage at one end, across the alley from which is low density residential. This would require it to become “highway business district,” according to Hilty, which is the zone that specifically permits mechanic shops.

Action was not taken due to the need for the request to go through Land Use. The council pointed out that this will likely include a recommendation to get approval for the request from the neighbors.