Carbon County Zoning Commission found itself in a dilemma when it met on July 13 and tried to decipher whether a building that is rented from a developer in an industrial area needs to have a conditional use permit issued to do business.
"I think that we need to put a condition on this building and then have them bring it back to us when they find out what kind of business the tenant is going to operate there," said commission member Lynna Topolovec.
The issue came up when Marc Tomadakis asked for a conditional use permit to build a building in the Ridge Road Industrial Park.
"He has built one building," said Gayla Williams, deputy zoning administrator for the county's zoning department. "Now he must get a conditional use permit for whatever is going to take place in the structure when it is up. However he doesn't know what that is going to be."
Williams said that she had received an opinion from George Harmond, assistant county attorney, on the issue and he told her that a CU permit is not needed once the zoning is complete and the owner has received the first CU permit for that construction. But, most of the commission disagreed with that stance.
"I think Lynna's idea is a good one," said commission chair Richard Tatton. "We should know who the building will be occupied by."
Williams explained later that under the county's building code all industrial zones are conditional and do require a permit from the get go. However, she said that Harmond said that it should be up to the owner to see that whatever business goes into a building fits into the permit.
Commission member Bob Welch asked whether that type of thing shouldn't fit in with a business license more than with overall zoning.
However, the commission as a whole felt it was a part of the zoning and voted to let Tomadakis know that he had to come back to the commission for a CU when the building is up and he knows who the tenant is and what they will be doing in the building.
The commission also approved a conditional use permit for Kevin Mortensen's property located at 6000 South and Lower Miller Creek Road. Mortensen builds powered parachutes and also has people that want to fly ultra lights from the small short runway airport he is developing on his place.
"I just need to build a place about 200 yards by 150 yards," said Mortensen. "I plan on planting something on the ground to keep the dust down."
The CU permit falls under a small airport and he also wants to build a caretakers dwelling on the property.
"Actually we have been taking off from out there for two years," he told the commission. "The nearest home to us is a quarter of a mile away."
He also said he will eventually want to put a classroom for ground instruction on the property.
In a final piece of business the zoning commission changed the zoning on some ground owned by Funnon Shimmins, located at 1550 Coal Creek Road from Mining and Grazing to Residential 2.5. In a separate motion they also approved that same ground for a two lot subdivision without improvements.