Nibley City Planning Commission

It's trying.

If it doesn't, let me know, and I'm on the other side, so we take it again.

It's so far, so good.

I guess. Yeah? Hey, Aaron.

Do you wanna test your sound, make sure we can hear you? Yeah. I can hear you just fine. Can you guys hear me? Yep. Thank you.

No problem. Mhmm.

Anything, but it's not

Byron. Is okay. Oh, yeah. Yeah. Yeah. Yeah.

Most of it most of it's public. Yeah.

Okay.

Larry, before we Tyler's not coming. So we can start whenever.

Yeah. I Is it Just give me a Is it time to

Yeah. Six yeah. 06:30.

You you didn't know you're putting, you know, as soon as my wife, you did you? I think people have all the safety. Yes. It's that, you know? Absolutely.

We started. Yeah. Yep. Roll.

Alright. Welcome, everybody, to the 03/19/2026 planning mission meeting, here at Nibley City Hall. First order on the agenda, we'll, do a roll call. Start with the pen. Michael, just Brad, Bill. Clerk Shane, Robert Bau.

Alida Robert, city planner.

Talon Bigelow, assistant, city recruiter.

Alright. First or second item on the agenda, the commission would like to look over tonight's agenda, and the last meeting is Niz. Do you wanna go to the Yeah. Go ahead. You have a motion. I make a motion for approval February and also on the current agenda for today. K. There's a motion for approval of last meeting minutes and the current agenda. Second. Second by.

All in favor?

Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. A and electronic message display. Sign permit. 28 square foot monument E and D sign located at 3090 South Highway 165. Turn it over to you, David.

Yeah. I'll I'll introduce it. I I I will say the applicant is also online if you have any questions for the applicant, but I'll I'll introduce this. So this is this is an on premise, electronic message display sign that's being proposed at 3090 South Main Street in front of the Maverick fuel station. And, really, the purpose is to display display fuel prices. It it they're they're proposing to replace the existing sign, that that's out front with with an EMD sign. There's several requirements in the city code for EMT signs related to transitions, frame effects, dwell time, sign brightness area. All of these all of these have been reviewed by staff. You may have reviewed the agenda item report. In that report, there were there were some deficiencies that staff at the time that was submitted or at the time that was posted to the public and and submitted their they still needed to address, but Maverick has since or Yesco that is it's representing Maverick has has resubmitted the plans, and and staff has verified that all of those all of those, deficiencies have been, resolved. So, so there there aren't there aren't any staff finds that there there aren't any issues with the the current, application. They they still will need to get a building permit, if if the commission approves this tonight. But the city code, it it describes an EMD sign in this location as a conditional use. And then there'd also there's also an EMD a specific sign permit for an electronic message display that requires planning commission approval. So may seem a little redundant, but, technically, this isn't an approval of a conditional use permit and an EMD sign permit. So that's that's why it's noticed that way because in the code, it it references both of those permits. Just an overview. This is the location, which is, 13 feet set back from the sidewalk, and that that meets the code. 10 feet is the minimum there. This is the proposed sign. It this, this is the version that is currently in Teams. It's a little bit different from the version that was posted on the public meeting notice website, a little bit smaller. And there were a few other modifications that that were made to get this in line with Nibley City code. The I mean, you see on the agenda, it says 28 square feet. This is actually a 20 square foot sign, and that's that's the maximum allowed by by code for for a monument sign. And so this does this does meet that that requirement of just just for for your information, just some other details that were changed. This the alternate display, there is an alternate display on here between the Nitro. It says Nitro, and then it says credit. And the code requires at least four seconds between those transitions, and that was that was updated in this. And then they they some some of the conditions that were on there previously were just not necessarily deficiencies in in what they were proposing, but just in the the level of detail to be able to verify that they they met some of the other requirements. And those details have been added to this as well. And they'll be they'll be further verified at the time of building permit as well with our billing inspector Austin. So or or at the yeah. So that that is that. So staff's recommendation is is approval of this EMD signed permit and and conditional use permit, without without the conditions that are in the packet because those have already been addressed.

Do the commission for the Is it in that same corner where they're just being signage?

Yeah. It's I mean, they're they're actually still utilizing a portion of that sign. You could see where that brick is. So that's they're they're just replacing kind of the the, you know, the plastic metal portion of the sign that's right there.

Yep. What's it?

One second.

Safety issue.

Yeah. It could be. It could be a safety issue. Is it, yeah, a distraction if it there was I mean, there was definitely a lot of research that went into putting that code together. I don't know all the reasons for it, but I think Just ask. I think our mayor knows a little more. I think he was involved with that. But

What's the minimum?

There's just a minimum of four seconds. Mhmm. And they had three seconds previously, but now they show four. So they made it.

Yeah. I I think we need to prove it on the the static in there that will fill it out. I go there every morning. So yeah.

Yeah. And just just so just a little bit of history there. This wasn't allowed up until a few months ago. The the Maverick did submit an application to allow EMD signs along Highway 165 in the neighborhood commercial zone. Previously, it was only allowed on Highway 808991, but that code has been changed. It was approved by city council a few months ago. And so they they're able to do it now.

Yeah. Do you know the history on that? Was there a reason that it it was just we we never had a need really, so it probably didn't exist, or why it wasn't on 165?

I mean, that goes back twenty some odd years. I don't I don't know. Okay. So We we reviewed it, and we we as in we and the planning commission, the city council found that that it was in line with the general plan and the and the purpose of the of of the zone to change it. So I I don't know the whole history behind why it was originally, but things have changed since that time. The the plans for the area have changed. That was one thing that that there's more the town center wasn't really a concept, I don't think, when when that originally came forward for this area. So that was one of the considerations there for changing it.

But, yeah, the only thing that's gonna change is really obviously gas prices. Gas prices legitimately change, but then the nitro just goes between nitro and credit.

Correct. Yeah. So it's not like a it's not like a screen that, you know, displays some kind of video or anything like that.

For approval.

The report electronic EEMD signing permit and as stated. So on the highway. Yeah. So I have a motion from Claire for approval of the conditional use permit and the EMD sign permit. I'll second one. Right. And I'll second my calendar. Discussion. Discussion?

We'll have a vote. All in favor?

Aye, Aye. Any opposed? Aye. Zero.

I'm just gonna say something to the applicant real quick. So, Aaron, just so you know, at this stage, you've already submitted a building permit, and so I'll send a note to Austin to to, move that to the next stage in the process. Sounds good. Thank you very much.

Building regulation And that could be by

Alright. Yeah. Just a little bit of background on this. So as often happens, when we start enforcing code, we we start to identify things that that maybe we ought to consider approaching differently with our code. And that and that's what that's where this originated. So we we we received a complaint about a a shed that was in a location as noncompliant. They thought, oh, it doesn't meet setbacks or it's on an easement, and and that led to some additional enforcement in the neighborhood. And and we found that, in general, there are some we are we are quite restrictive with sheds and where you can put them. We we did receive some feedback from some neighbors. They they came to to city council. We we got some feedback that way. I know Nick Nick's here. Nick Nick also sent over some examples from different cities and and just at least the cursory level we saw. Yeah. There there are it is somewhat difficult. I if you don't mind, I actually had a little exercise in the shuffle of trying to get all of this. I had a little exercise to to illustrate this. If you give me just a second, if if you could just hold for just a second, I will I will get it taken in, like, thirty seconds of your attack. If you wanna explain?

To share anything? Do I what? Yeah. Do I put the shit? I don't know shit. Yeah. The two would you like for? Yeah. Sure. Yeah. One bit? I know I know the person. Okay. We just put the. He's one of them.

I don't wanna give the answer, so I I'm not gonna show that yet because that kinda hints at some things. So I just have a property here. This is a little unconventional, but kind of a game for you. So here's a property. We just bought this in Italy. A little bit smaller, 6,500 square feet, but these are starting to become more common in Italy. And I want you to get give them give me a little just one little piece, and this represents the shed. You want a 10 by 12 Brook shed that you wanna put on your property. Think about it for a minute, and I want you to place this

on the paper

where if you if you were gonna get the shed and, you know, just a tool shed, someone put you lawnmower,

jump in or games, where would you put it on the property? Where would I put it or where, like, you know, like, hand No. No. Not not where you know you can.

I'm not quizzing you on the code. I'm quizzing you on what you put yourself in the shoes of a property owner and where you would place that shed, and then and then we can talk about it. May and if you can conclude, somebody, to how close is it to your fence, how close is it to your house, that can help the discussion.

I have two more in one. You know, the inconvenience and advice. Yeah. So you guys were already doing it between one one minute. We don't want to go and get it back. Yeah. Right there. Yeah. And I was wondering where the text was. It's about ten by twelve. Yeah. It should be yeah.

And don't throw all these away. I need one because this is now public. I actually have an I have a big break on. Don't worry about it. K. There you go. Perfect.

So when you're ready, maybe just explain where where you put the shed if you wanna hold it up and show it. Maybe I should've got some tape. Here, I'll get some tape. Very bad. I think

I think majority of us have an above same location. Okay. Well, I'm gonna get paid too.

Well well,

we have to do the same. On the.

You're gonna take your box, I guess, with us, I guess. Yeah.

Is that where you at Earth?

Well, I've got lots of meetings here. Mhmm. First off, I've had a conversation. I guess we can wait for the evening again.

You you you were a long word. You were a long word.

Levi had some of us and staff do this prior to tonight's meeting, and it was interesting to see everybody's locations and responses for what they what they thought.

20 feet in front and 20 feet on the side toward the street, And then about closer to, I think it's closer to five feet on the side Near the house. Near the houses. The rear is somewhere between fifteen and twenty. I think it's I think it's might be a little more than that, actually. It might be 20 to 25. But We could pull it up on you. Yeah. Yeah. But I I'm not gonna try to make that thing work with the Internet. Yeah. Thank you. That thing takes a lot of bandwidth. Yeah. Yeah.

Perfect.

Sure. I mean, you can turn or you can just describe it either way. Maybe if you wanna put your name on it so we can so we know who it's assigned so you can speak to it. Mister, wait. Call

I'm about pursuit.

Mhmm. I actually put some bottoms in the sun.

We can get started. You can you can keep going. Maybe we'll get started with the discussion. So,

Mike?

Yeah. You can't put your shed there. No. The reason why you can't put your shed there is because it violates the setback for Sideyard Street. So Mike's Mike put his shed. You can see that on the kinda north Northeast corner of the yard toward the street. So if you have if you have an accessory building, it has to meet both the front yard setback and and the side yard. So you can't put a shed within that location and put for for City Cove to to meet City Cove. Right. Yeah. No. I I know. This is for this is for illustration. I'm just telling you, you're you're bringing you're bringing, yeah, you're you're asking the city, can I put the shed there? I'm telling you right now, no. We can't put your shed over there. Kyle, I think yours might actually be okay. So he put it in the backyard.

Oh, he said

We honestly we we obviously we're gonna kinda where we can. But I would say with the neighbor first to make sure that Emma's It belongs here on the 15 feet here. Is you know what I mean? It's there's a difference between when you can do it and maybe you should do it. So I'm gonna have to conversate from the neighbor and make sure that wherever the place that even though they're legal, you know, maybe I can move it a little bit. Right? Mhmm. So but maybe that's the mister Rogers.

So yours I think yours is okay because it looks like and this is a rough measurement. I would say it's five feet setback from both the side yard and rear. I I believe there is a five foot, and I could I could pull up the the plat, but I believe there is a five foot utility easement here. So I think you're just outside that. You're behind the house. So if you weren't you're more and it looks like you're just you're a little more than 10 feet behind the house. So when you're 10 feet behind the house, your minimum setback's only three feet. Otherwise, it's 10 feet. So I think you threaded the needle on where you could put it, and there's just a few locations. So we're gonna put you on the good pile. Claire,

nope. Can't do it. I get paid 10 to move. Yep. I'm also looking for the gateway. That's okay.

Yeah. So yours, I think there's a couple of reasons you can't do it. One, we've already discussed, the side yard setback. The other is the the well, no. I I guess it's the the side yard setback. You're you're well, you're also on top of a public utility easement because it's 10 feet right there along the street. So Okay. So for two reasons for two reasons, you can't put your shed there.

There's one of the gates for the shed.

Yeah. So the next to there, Troy, you yeah. Yours is really in the same the same boat as Claire. It's in that in that area toward the street, so that's not allowed. So Yurno and Jess, very similar. It's also in a public utility, isn't it? And and you're violating setup. So so one out of five. There's

five. Yeah. In the front of the index.

Right.

And there's a gate anywhere. So you might you might not be surprised that we found, when we went out there, there's a lot of noncompliant sheds in the city, all over the place. And, we have we have restrictions in our code that do make it difficult, particularly with these smaller lots, to fit to fit a shed. I I mean, for some, even if you have a bigger lot, they, you know, they generally especially these these smaller sheds, a lot of property owners wanna put them up against up against the house, up against the fence, and they and a lot of times, the the the city code just doesn't allow that, the the setback restriction. So some of the things that we wanted to discuss with this. And we can we'll pull up the code, and we can go through the details. This is meant to be a workshop, a discussion to see just some general direction from the from the commission. We we can discuss this more if if we don't feel like, there's there's enough direction to actually draft something. But if if there is enough, then after this, discussion, staff can take a stab at drafting a a code and and bounce it off the the commission, but we'll we'll see we'll see where we get to. But some of the issues that we wanted to discuss, and we could open this up to other issues if you think there are some with the code. So set setback requirements, we've already discussed those. In this particular case, a lot of it had to do with that side yard street. You know, a lot a lot of homes aren't don't have that issue because there's not a street there. But but even the the side yard setback is quite restrictive. It's 10 feet, and it doesn't matter the size of the it doesn't matter if if the shed requires a building permit or not. It's it's 10 feet, and it's three feet if it's at least 10 feet behind the house. But a lot of people wanna put it in their side yard, and and maybe they've got a really they've got a smaller yard. They don't have a lot of room to fit a shed 10 feet behind their house and then also meet all the other setbacks. So so on a phone and tell you. Yeah. I haven't

who happens a very straight, and it's not moved for a year. I see no difference. Really see a new thing that's different, though. There was a shed there. We couldn't see past it. There's just a massive trailer that's in it. Like, it doesn't bother me.

It's a good point. Yeah. That is a good point. Well, on on the code, tenants, to address this point, I mean, does it is it if it's movable, either by a forklift for that, like, as opposed to, like, a a permanent structure, I mean, does that change to what are the code rules are for setbacks?

No. Not the way that we're reading them. No. Any anything that would be classified as a building is it re requires to meet the setbacks. And it specifically says whether it requires a building permit or not, you must meet the setbacks, which is a little peculiar from some examples that we've heard from from other cities that that it's that restrictive. It's quite it's quite peculiar. So

So the trigger would be it's movable

or it's not Yeah. It's on wheels. Right? But it but in in consulting with our billing inspector, it's only considered temporary a temporary structure if it is just that temporary. So it I there's a certain I can't recall off the top of my head the time frame, but it's something like three three to six months something. And most of these aren't temporarily in that sense. So they are considered a permanent building even though they're not on a permanent foundation. And so if the city wants to make an exception to that, we should define that better in the code because it at this point in time, I I don't I don't think it's very well or it doesn't grant that exception if we wanna go in that direction of just saying, hey. It's different if it if it doesn't require a building permit, for example, or if it's under a certain square footage. So that's one thing. Maybe I'll maybe I'll just go through all of them, and then then we can discuss in cool ones right now,

the easements, is that is it typically those that are under 200 square feet?

Generally, yes. There are some people that have just built them without a permit, and, though, that's another issue. But the ones that should have a permit, but which is 200 square feet is the the threshold. So but the majority of them, I would say, are, yeah, these tough sheds that they just Move it. They just put where they wanna put it. We say we say in our code that even though it doesn't require a permit, you gotta meet setbacks. But do people know I mean, without calling the city and walking through it all, do they know where those are? No. I I mean, most people don't. They're not and most of them aren't aren't doing the research to find that out. So yeah. And we so we get into the the public utility easement requirements. We say that no no structures, buildings are allowed in a in a public utility easement. We do sometimes on the plat, we say unless approved by the city engineer. But the reality is the city engineer, in my experience, doesn't approve those if if the public utility companies haven't also approved it. So in our our our current engineers that we're well, really, if we want to violate that if we if we want to put a structure in the in the public utilities, then we ought to just vacate the easement. But that we could go about this differently for sheds. Now for for sheds that don't require a foundation, for example. That's that's what a lot of cities do. We I guess the only issue there, there is there is some