CUP 07-08 Staff Report
From Weber County Wiki
| Bernie Allen Small Wind Energy | |
| Application Information | |
| Application Request: | Approval of a Conditional Use Permit |
|---|---|
| Agenda Date: | Tuesday, May 13, 2008 |
| Applicant: | Bernie Allen |
| File Number: | CUP 07-08 |
| Land Information | |
| Approximate Address: | 2802 Carriage Lane |
| Project Area: | 4.32 acres |
| Zoning: | RE-20 |
| Existing Land Use: | Residential |
| Proposed Land Use: | Residential with Wind Turbine |
| Parcel ID: | 07-368-0006 |
| Township, Range, Section: | 5N, 1W Section 25 & 26 |
| Map Links: | Available 3rd Party Maps of General Area |
| Staff Information | |
| Report Presenter: | Justin  801-399-8763 |
| Report Reviewer: | SW |
| Adjacent Land Use | |
| South: | Residential |
| North: | Residential |
| East: | Residential |
| West: | Residential |
Contents |
Applicable Zoning Ordinances
- Chapter 22C: Conditional Uses
- Chapter 23: Supplementary and Qualifying Regulations
- Chapter 3: Residential Estates Zones RE-15, RE-20, RE-20S
Background
Two small wind energy conversions systems (WECS) will be installed which will be connected to the utility power grid allowing net metering. The wind turbines will be mounted on galvanized monopoles at a height of 33.5 feet. The rotor diameter is 12 feet which will extend the sweep of the blades 6 feet above the top of the monopole making the total height of the system 39.5 feet (Exhibit D).
Setback regulations from all property lines for a WECS, as outlined in Exhibit F, are 110% of the tower height. The proposed tower would meet the minimum setback, 43.5 feet, as shown in Exhibit B. This proposal meets all requirements of the applicable Zoning Ordinances.
Summary of Planning Commission Considerations
Weber County Zoning Ordinance states "The Planning Commission may deny or permit a Conditional Use to be located within any zone in which the particular Conditional Use is permitted by the use regulations of that zone. In authorizing any Conditional Use, the Planning Commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare." Any variance from the Weber County Zoning Ordinance will require a petition, and granting of a variance from the Board of Adjustment.
- Approval or denial of a Conditional Use Permit needs to contain statements of facts related to the 5 items listed in 22C-5. Basis for Issuance of Conditional Use Permit.
- The Planning Commission can table this item if additional information is needed
- The decision of the Planning Commission may be appealed to the County Commission by filing such appeal within 15 days after the date of the decision of the Planning Commission.
Weber County Zoning Ordinance further states: 22C-5. Basis for Issuance of Conditional Use Permit. The Planning Commission shall not authorize a Conditional Use Permit unless evidence is presented to established:
- That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community, and
- That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs, and
- That the proposed use will comply with the regulations and conditions specified in this Ordinance for such use, and
- That the proposed use conforms to the goals, policies and governing principles and land use of the General Plan for Weber County
- That the proposed use will not lead to the deterioration of the environment or ecology of the general area, nor will produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public and private properties including the operation of existing uses thereon, in the immediate vicinity of the community or area as a whole.
Conformance to the General Plan
This proposal conforms to the General Plan’s Goals & Objectives by meeting the requirements of applicable chapters in the Zoning Ordinance.
Conditions of Approval
- Requirements of Weber County Building Inspections
- Requirements of Weber County Fire District
- Requirements of Weber County Engineers Office
- Requirements of Weber County Health Department
Staff Recommendation
Staff recommends approval of Conditional Use Permit 07-08 subject to staff and other agency comments and recommendations. The decision of the Planning Commission may be appealed to the County Commission by filing such appeal within 15 days after the date of the decision of the Planning Commission.
