[00:00:01]
          SO. I WILL CALL THE PRE MEETING WORK SESSION AS THEY CALL IT, I GUESS NOW. THEY HAVE ALL COMMISSIONERS PRESENT WITH THE EXCEPTION OF COMMISSIONER ALLEN. AND WE WOULD LIKE TO EXCUSE COMMISSIONER ACKER FOR BOTH MEETINGS. SO WE'LL DO A REALLY QUICK SYNOPSIS OF THE AGENDA 
          [Review of Agenda]
AND WE'LL TURN IT OVER FOR SOME TRAINING. SO FIRST OFF, DOES ANYBODY HAVE ANY ISSUES OR COMMENTS ABOUT THE MINUTES FROM LAST TIME? I KNOW IT'S BEEN A WHOLE MONTH. OKAY. THAT WAS EASY AND QUICK. NEXT IS THE PUBLIC HEARINGS WITH THE FINAL ACTION FOR THE PLANNING COMMISSION. AND THIS IS INFINITE SUPPORTS AT 7613 SOUTH JORDAN LANDING BOULEVARD. AND IT LOOKS LIKE. MARK. YEAH. SO THIS IS AN ADULT DAYCARE THAT'S GOING IN AN EXISTING OFFICE BUILDING. IT'S KIND OF IN THE MIDDLE OF THE COMMERCIAL AREA OF JORDAN LANDING. PRETTY SIMPLE. THEY MOSTLY JUST FOCUS ON LIFE SKILLS CLASSES FOR ADULTS WITH DISABILITIES AND JUST TEACHING THEM TO DO A LOT OF DAILY TASKS. WE ALL KNOW AND LOVE. OTHER THAN THAT, THE OFFICE BUILDING HAS PRETTY LARGE PARKING LOT, SO THEY GOT PLENTY PARKING. ANY QUESTIONS FOR MARK? OKAY, NEXT IS THE VISIONARY CENTER ON 3680 WEST 9000 SOUTH AND MARK. YEAH, SO THIS ONE IS JUST ON THE NORTHWEST CORNER OF BAKER HIGHWAY AND 90 SOUTH. SO THIS IS KIND OF THAT L-SHAPED PIECE THAT SOME OF YOU MAY REMEMBER FROM A WHILE AGO. BUT BASICALLY THIS IS THE THE DEVELOPMENT IN MORE DETAIL. SO THEY'RE LOOKING AT ABOUT JUST UNDER A DOZEN BUILDINGS WITH ABOUT 81 UNITS. AND THESE ARE JUST REALLY SMALL OFFICES FOR START UP BUSINESSES. 
          SO. OTHER THAN THAT, PARKING IS A LITTLE BIT DIFFERENT. I'LL GO OVER THAT IN THE PRESENTATION. 
          BUT BASICALLY THERE IS SOME ADMINISTRATIVE DETERMINATIONS MADE ON THAT. AND THEN OTHER THAN THAT, LANDSCAPING IS LOOKING GOOD. THEY'RE SHOWING BUFFERS. ADJACENT TO THE RESIDENTIAL. ANY QUESTIONS FOR THAT THEY NEED TO GET FROM UDOT. SO THEY HAVE THEY'RE GOING TO HAVE ONE SINGLE ACCESS ON 90TH. THAT'LL BE THE ONLY WAY IN OR OUT THE PROJECT. BUT THEY'RE GOING TO NEED TO BASICALLY, THEY'RE TAKING ADVANTAGE OF AN EXISTING ACCESS OR AN EXISTING DRIVEWAY. IN FACT, THEY'RE ACTUALLY REDUCING THE NUMBER OF ACCESSES TO ONE LARGER ONE JUST BECAUSE OF THE DISTANCE BETWEEN THE INTERCHANGE THAT DRIVEWAY. BUT YEAH, UDOT IS STILL GOING TO NEED TO APPROVE THAT PRIOR TO FINAL APPROVALS. BUT BASICALLY THEY'RE GOING TO BE ADDING A DECELERATION LANE, WHICH IN THEIR TALKS WITH UDOT HAD RECOMMENDED. THAT. IS THAT CURRENTLY VACANT LAND OR IS THERE SOMETHING THERE'S A HOUSE. WELL, THERE'S TWO HOUSES ON THERE. IT WAS ORIGINALLY THREE INDIVIDUAL PARCELS. TWO. TWO OF THEM HAD A SINGLE FAMILY HOUSE ON THEM AND VACANZE. BUT THOSE WILL ALL GO AWAY ONCE. THEY JUST WANT TO DO OFFICE. THAT'S WHAT THEY SAID. YES. NEXT UP IS THE PUBLIC HEARINGS WITH THE RECOMMENDATIONS TO THE CITY COUNCIL. AND IT LOOKS LIKE SUSAN WAY SUBDIVISION REZONE AT 8415 SOUTH SUSAN WAY. MARK. SO THIS ONE IS KIND OF OVER, BUT CLOSER TO 40TH WEST. AND JUST SOUTH OF 78TH OVER HALFWAY BETWEEN 70 AND 90TH. BUT BASICALLY IT'S IN A, AN EXISTING NEIGHBORHOOD. IT'S KIND OF A, A REMNANT PARCEL FROM WHERE WHEN THE NEIGHBORHOOD WAS SUBDIVIDED INTO ONE ACRE LOTS BACK IN THE LATE 60S. BUT IT'S REALLY KIND OF THIS INFILL PIECE THAT'S SURROUNDED BY RESIDENTIAL. AND THEY'RE PROPOSING TO SELL IT TO R-1 12, WHICH IS 12,000 SQUARE FOOT LOT. SO THEY'RE PLANNING TO PUT IN THREE LOTS ON A PRIVATE LANE AND FINISH OUT THAT ROAD AS A CUL DE SAC. RIGHT NOW, THAT ROAD, SUSAN WAY JUST STICKS TO IT. SO SO THEY'LL NEED TO TO FINISH THAT OUT. BUT OTHER THAN THAT, IT'S LOW DENSITY RESIDENTIAL. SO 
          [00:05:07]
THEY'RE BASICALLY CHOOSING A ZONE THAT'S WITHIN THAT. COMMON AREA IS GOING TO BE ON THE WEST SIDE. YEAH. WE WERE THINKING THEY THEY MIGHT BE ABLE TO FIT A HOUSE ON THERE, BUT IT LOOKS LIKE IT MAY BE TOO SMALL FOR THE TYPES OF HOMES THEY WANT TO DO. SO THEY'RE JUST PROPOSING EXEMPTION SPACES. I BELIEVE HAVE THAT ONE BEFORE US BEFORE. NOT YET. NO. IT WENT TO THE CITY COUNCIL COMMITTEE, THE WHOLE MEETING. BUT I JUST RECOGNIZED THAT ONE WHEN IT CAME UP. AND I WAS WONDERING IF I HAD SEEN IT ON THE MLS OR SEEN IT HERE, WHY I RECOGNIZED THAT PARCEL. SO I CAN'T PUT MY FINGER ON WHY IT WAS. OKAY. ANY OTHER QUESTIONS? OKAY, NEXT IS IMMACULATE ZONE, IMMACULATE. IS THAT HOW THEY CALL IT? YEAH. OKAY. ANYWAY, REZONING A 2.2 ACRES TO AT 1390 WEST 9000 SOUTH AND TAYLOR. YEAH. SO THIS IS WHERE BIG FIVE IS ON 90TH SOUTH. SO THE PROPOSAL IS TO REZONE THAT FROM NEIGHBORHOOD COMMERCIAL, WHICH IS SW ONE TO COMMUNITY COMMERCIAL. SW TWO. THAT WOULD ALLOW FOR THEM TO COME IN WITH A FUTURE CONDITIONAL USE PERMIT APPLICATION TO DO AUTOMOTIVE SALES THERE. IMMACULATE CURRENTLY HAS A SPOT ON REDWOOD ROAD AND THE OLD VILLAGE INN, SO THIS WOULD BE AN ADDITION TO THAT. SO IT'S GOING TO BE THE SAME COMPANY. THEY'RE LOOKING TO EXPAND TO THIS LOCATION. ANY QUESTIONS FOR TAYLOR. SO BIG FIVE IS LEAVING OR IT'S STILL OPEN. NO STORE CLOSING. I THOUGHT IT WAS CLOSED A WHILE AGO BUT I WAS WRONG. THAT'S WHAT I. THOUGHT. I'D DRIVEN BY THERE A BUNCH OF TIMES. AND IT LOOKS LIKE THERE'S MAYBE ONE CAR IN THERE. SO I'M REALLY KIND OF SURPRISED THAT THEY STAYED THIS LONG. SUCKS BECAUSE THAT'S WHERE I GO GET A LOT OF STUFF. BUT ANOTHER PLACE NOW IN GENERAL IS SC2 LESS RESTRICTIVE THAN SC1 LIKE MOORE'S ALLOWED IN. IT IS. YEAH. SO NEIGHBORING PROPERTIES ARE ZONED SC2. SO RIGHT ADJACENT TO IT WHERE THE H MART IS. AND THE PROPERTIES OF THAT THOSE ARE ALL C TWO. SO YOU'LL HAVE C TWO BORDERING IT. 
          AND THEN BEHIND IT IS A VICTORY BUILDERS WHICH IS THAT CMCG. SO. OKAY. NEXT IS THE JORDAN VALLEY STATION, SUGAR FACTORY, ROAD STATION AND STATION AREA PLANS. AND I DON'T KNOW WHO HAD THIS ONE. THAT'S ME. OKAY, SO THESE ARE OUR FIFTH AND SIXTH STATIONARY PLANS THAT WE'VE DONE. WE HAVE STATUTORY REQUIREMENT FROM THE STATE TO DO A STATIONARY PLAN FOR HALF MILE RADIUS OF ALL OUR TRACK STATIONS. WE HAVE A TIMELINE WHICH WE HAVE TO DO THIS. SO STATION FIVE AND SIX HAVE TO BE ADOPTED BY THE END OF THIS YEAR. WE RECEIVED A GRANT FROM WFC, CONSULTED WITH DESIGN WORKSHOP TO DO OUR FIRST FOUR. SO VERY SIMILAR PROCESS TO THAT. WE'VE HAD SOME STAKEHOLDER MEETINGS. THEN WE CAME UP WITH SEVERAL DIFFERENT ALTERNATIVES, WHICH WE PRESENTED TO THE PUBLIC AFTER THAT, THAT WOULD JUST BE COUNCIL, WHICH THEY NARROWED IT DOWN TO WHAT THEY MIGHT LIKE ABOUT EACH OF THOSE CONCEPTS. WE REFINE THOSE INTO A PREFERRED OPTION, WHICH IS WHAT WE'RE BRINGING FORWARD TONIGHT. WE'RE HOPING FOR THAT RECOMMENDATION OF APPROVAL TO GO TO COUNCIL IN JULY FOR APPROVAL. NO WORKSHOP CERTIFICATION WITH WFC AND UTA. ANY QUESTIONS? OKAY. LAST BUT NOT LEAST, ACTUALLY THIS LEAST TEXT AMENDMENT RECOMMENDATION TO THE CITY COUNCIL TO AMEND THE WEST JORDAN CITY CODE TITLE 13-1 LANDSCAPING REQUIREMENTS. LARRY BYERLY. LANDSCAPING. STEALS MOST OF THE TIME. OKAY, ANY QUESTIONS ABOUT THAT? SO JUST THE THE TREE THING, HOW WE'RE CHANGING IT FROM THE TREES BEING IN THE PARK STRIP. I THINK THAT'S TO ALLOW IT TO BE ON THE PROPERTY ON THE OPPOSITE SIDE. GET IT OUT OF THE PARK. RIGHT. OKAY. SAVE SOME WATER. IT DOESN'T, BUT BUT IT GETS THE TREE STRIP, WHICH IS GOOD. YEAH. ALL RIGHT. NEXT WE'LL TURN IT. ANY OTHER QUESTIONS BEFORE I TURN IT OVER FOR TRAINING? OKAY. SURE. I THOUGHT YOU WERE GOING TO SAY 
          [Training (as needed)]
LAST BUT NOT LEAST, BUT DEFINITELY LEAST THE TRAINING AND I, I WAS GOING TO TAKE A LITTLE BIT OF A FENCE, BUT NOT, NOT TOO MUCH. BECAUSE IF THIS DOESN'T EXCITE YOU, I DON'T 
          [00:10:05]
KNOW WHAT WILL. AND I KNOW I KNOW WHAT YOU'RE THINKING. WHY CAN'T DUNCAN TRAIN US TONIGHT? AND I DON'T KNOW EITHER. HE I THINK DUNCAN'S OVER THERE SAYING, THANK GOODNESS I'M NOT READING TONIGHT. HE'S OKAY. GOT THE NIGHT OFF FROM TRAINING. OH, I JUST WANT. OH, COME ON, JUST A LITTLE MOMENT OF SILENCE. IT'S BEEN TWO YEARS NOW SINCE THE BOARD OF ADJUSTMENT HAS TOO. 
          SO ANYWAY, I KNOW, I KNOW, BUT LIKE THE HEADSTONE SAYS LARRY. GONE BUT NOT FORGOTTEN. AND THIS IS THIS IS KIND OF OUR, OUR YEARLY REMINDER THAT THAT WE DON'T HAVE A BOARD OF ADJUSTMENT. IT. IT'S GONE. WE'VE, WE'VE MOVED ON. WE'VE GONE TO SOMETHING, YOU KNOW, OUT OF THE ASHES, KIND OF LIKE THE PHOENIX. THAT'S WHAT I SHOULD HAVE GOTTEN INSTEAD OF THE REBIRTH. THIS IS KIND OF LIKE THE PHOENIX FROM THE ASHES. OUR LAND USE APPEAL AUTHORITY HAS REPLACED THE BOARD OF ADJUSTMENT. AND INSTEAD OF HAVING FIVE PEOPLE, NOW WE HAVE JUST ONE. WE'VE GOT AN ADMINISTRATIVE LAW JUDGE WHO IS JUDGE TODD NEWMAN. HE'S HE'S A GREAT JUDGE. HE'S BEEN WITH US. ACTUALLY, I THINK IT'S LONGER THAN THREE YEARS NOW. I THINK HIS HIS CONTRACT WITH US IS PROBABLY FOR MAYBE ALMOST FIVE YEARS NOW. BUT HE DOES NOT JUST LAND USE APPEALS, RIGHT. SO HE'LL DO CODE ENFORCEMENT CASES, BUSINESS LICENSING, REVOCATION. 
          HE DOES EMPLOYMENT APPEALS AS WELL. SO ANY TIME THAT THERE'S MAYBE A DISCIPLINARY ACTION THAT'S TAKEN WITH EMPLOYEES OF THE CITY, JUDGE NEWMAN HANDLES ALL OF THAT. IT JUST KIND OF CONSOLIDATES, I THINK CITY RESOURCES INSTEAD OF BRINGING PEOPLE IN FOR A MEETING. ONCE, YOU KNOW, A QUARTER OR SOMETHING, WE HAVE A JUDGE WHO COMES ONCE A MONTH AT LEAST TO TO HANDLE OUR CASES AND HEAR OUR DISPUTES. GOT A PICTURE OF HIM. OKAY. IT'S ACTUALLY NOT HIM. I COULDN'T FIND A PICTURE OF HIM. SURPRISINGLY RIGHT. HE DOESN'T HAVE A DIGITAL PRESENCE OUT THERE, SO FOR ALL HEARING COMING UP. YEAH. FOR ALL YOU KNOW, THIS IS HIM. YEAH, IT'S THIS IS THIS IS ESSENTIALLY WHAT HE LOOKS LIKE. IN THE CODE. THE RESPONSIBILITIES FOR THE LAND USE APPEAL AUTHORITY ARE DESIGNATED THUSLY HERE IN DECIDE PETITIONS FOR APPEALS OF ADMINISTRATIVE DECISIONS REGARDING THE APPLICATION OR ENFORCEMENT OF TITLE 13 HEARING DECIDE REQUESTS FOR VARIANCES AS DEFINED IN THE CODE, AND THEN OBTAIN VERIFICATION AND MAKE DETERMINATIONS REGARDING THE LEGALITY OF A CLAIMED NONCONFORMING USE OR NONCONFORMING BUILDING. ANY TIME SOMEBODY HAS AN APPEAL. THIS IS KIND OF WHAT WE EXPECT. 
          OUR OUR OH, I MADE LITTLE PILOTS WATCH LETTER C BOOM. ANY TIME THAT THERE'S AN APPEAL OF AN ADMINISTRATIVE DECISION THAT'S MADE IN THE CITY GENERALLY, I DON'T WANT TO SAY ALWAYS, BUT GENERALLY THOSE APPEALS WILL GO TO THE ADMINISTRATIVE LAW JUDGE. IT'S A CHECK, RIGHT. SO DECISIONS THAT ARE FOR FOR THE PLANNING COMMISSION TO BE MADE. YOU'RE NOT YOU'RE NOT THE YOU KNOW, YOU'RE NOT THE FINAL SAY. SO THE PEOPLE HAVE A RIGHT TO, TO BE HEARD AND TO PRESENT THEIR, THEIR CASE FOR SOMEBODY ELSE. LET'S GO OVER WHAT HAS CHANGED. 
          AGAIN. BOARD OF ADJUSTMENT USED TO BE A FIVE MEMBER BOARD MADE UP OF COMMUNITY MEMBERS SUCH AS YOURSELVES. WAS ANYBODY HERE ON THE BOARD OF ADJUSTMENT? RAISE YOUR HANDS. NO. ALL RIGHT. 
          THAT'S OKAY. THEY YEAH, WE WE WE HAD A GREAT WE HAD A GREAT BOARD. NOW WE HAVE A LAND USE APPEAL AUTHORITY. THAT'S JUST ONE ADMINISTRATIVE LAW JUDGE. THAT'S IT. THAT'S ALL THAT'S CHANGED. WE WENT FROM FIVE PEOPLE TO ONE PEOPLE. AND INSTEAD OF FIVE COMMUNITY MEMBERS, WE NOW HAVE ONE PROFESSIONALLY TRAINED. HE'S A HE'S A LAWYER. HE'S A JUDGE. HE HANDLES A LOT OF OTHER TYPES OF ADMINISTRATIVE APPEALS AND THINGS. AND SO HE'S EXTREMELY WELL VERSED AND EXPERIENCED IN THESE TYPES OF MATTERS. NOT THAT THE COMMUNITY MEMBERS DIDN'T DO A GOOD JOB, BUT SOMETIMES IT'S NICE TO HAVE SOMEBODY WITH SOME EXPERIENCE IN RUNNING HEARINGS AND TAKING EVIDENCE AND THINGS LIKE THAT. BUT ONE OF THE OTHER THINGS, 
          [00:15:02]
PATRICK, I INTERRUPT, IS WHEN WE USED TO REVOKE A CONDITIONAL USE PERMIT, IT WAS KIND OF A GOOFY PROCESS BECAUSE IT WOULD COME TO THE PLANNING COMMISSION, AND THEY'D MAKE A RECOMMENDATION TO SCOTT WHETHER OR NOT TO REVOKE THE CONDITIONAL USE PERMIT. AND SO IT WAS. AND I THINK SOME OF YOU MAY REMEMBER THIS. AND SO IT WAS IT WAS AN ODD PROCESS. AND THIS IS MUCH BETTER BECAUSE WE HAD ONE JUST DONE LAST FRIDAY, TWO WEEKS AGO FRIDAY FOR REVOCATION. AND THE ADMINISTRATIVE LAW JUDGES CAN VERY CLEARLY AND SMOOTHLY WASN'T, YOU KNOW, DIDN'T HAVE TO GO THROUGH A LOT OF BACKGROUND MATERIAL BECAUSE HE UNDERSTOOD THE PROCESS VERY WELL. SO I THINK IT'S BEEN VERY, VERY EFFECTIVE. SO SORRY. NO, NO, NO, THAT'S THAT'S A GREAT POINT. THERE IS THERE IS, I THINK, SOME OF THOSE ADMINISTRATIVE TYPE DECISIONS THAT FOR STAFF, ESPECIALLY, LIKE IT TAKES, YOU KNOW, LARRY, SO MUCH LESS TIME AND EFFORT TRYING TO BRING A REVOCATION BEFORE THE ALJ AS OPPOSED TO PREPARING, YOU KNOW, PACKETS AND BACKGROUNDS AND EXPLANATIONS FOR FIVE MEMBER BODY, YOU KNOW, TO, TO EXPLAIN AND DISCUSS. IT'S A LOT LESS IN STAFF TIME. WE'RE VERY EFFICIENT WITH, WITH WHAT WE'RE DOING ON THIS. AND NOT ONLY, NOT ONLY IS THIS LIKE THE SYSTEM, BUT IT'S SOMETHING THAT WE USE AND OPERATE UNDER AND HAVE USED QUITE FREQUENTLY TO, TO GREAT SUCCESS IN IMPROVING THE COMMUNITY AND MAKING SURE THAT THE LAND USE IS, IS ALWAYS MATCHING WHAT WHAT ITS INTENDED PURPOSE IS. SO GREAT POINT. JUST KIND OF A LITTLE FLOW CHART, JUST SO YOU KIND OF UNDERSTAND. BUT WHEN THERE'S AN ADMINISTRATIVE DECISION THAT'S MADE, PEOPLE HAVE THE RIGHT, OH, THE CLICKER WANTS TO. THERE WE GO. RIGHT TO AN APPEAL, RIGHT? SO AGAIN, THESE, THESE CAN BE LOTS OF DIFFERENT DECISIONS. A CUP REVOCATION, CONDITIONAL USE PERMIT REVOCATION IS AN ADMINISTRATIVE DECISION. BUSINESS LICENSE REVOCATION IS AN ADMINISTRATIVE DECISION. A, YOU KNOW, DECISION THAT MAYBE THE THE PLANNING COMMISSION MAKES IS POTENTIALLY AN ADMINISTRATIVE DECISION FIRING SOMEBODY ADMINISTRATIVE DECISION. YOU HAVE THIS RIGHT TO AN APPEAL AFTER THE APPEAL, THOUGH IT'S CALLED EXHAUSTING ADMINISTRATIVE REMEDIES. AFTER THE INTERNAL APPEAL, YOU CAN ALWAYS TAKE IT TO THE DISTRICT COURT FOR JUDICIAL REVIEW. I THINK DUNCAN'S JOB, YOU KNOW, MY JOB. WE'D LOVE TO NOT GET TO THE DISTRICT COURT. RIGHT? WE WANT TO KEEP YOU GUYS OUT OF OUT OF DISTRICT COURT. WE WANT TO MAKE SURE THAT YOU DON'T HAVE TO APPEAR IN DECISIONS OR COURT CASES THAT ARE THERE. SO WE WANT TO MAKE SURE THAT THE ADMINISTRATIVE DECISION IS ALWAYS, YOU KNOW, FIRMLY BASED. 
          AND THEN ALSO IF THERE IS, YOU KNOW, AN APPEAL THAT WE'RE FULLY FLESHED OUT AND THAT WE'RE, YOU KNOW, READY FOR THAT AND THAT WE'RE COVERED IF IT GOES TO JUDGE. SO. ALL RIGHT. 
          RIGHT OF AN APPEAL. I THINK THAT THE MAIN THING IS JUST THAT BOTTOM UNDERLINED PORTION IS WHY I INCLUDED THIS. I JUST WANT TO MAKE SURE THAT YOU UNDERSTAND. YOU CAN YOU CAN APPEAL, YOU KNOW, LAND USE TYPE DECISIONS AND STUFF. PLANNING COMMISSION OR CITY STAFF. BUT THE LAND USE APPEAL AUTHORITY DOES NOT HEAR APPEALS ON FEES OR ANY CONDITIONAL USE DECISION. 
          RIGHT. SO IF YOU GRANT A CONDITIONAL USE AND EITHER THE NEIGHBORS DON'T LIKE IT OR THE PERSON THAT YOU'RE GRANTING IT TO DOESN'T LIKE IT, YOU KNOW, THAT'S, THAT'S NOT SOMETHING THAT LAND USE APPEAL AUTHORITY HEARS CASES ABOUT. OKAY, SO THE FEES, I THINK IT'S NICE THOUGH, TO BE ABLE TO SAY LIKE, HEY, THE FEES ARE WHAT THE FEES ARE, BUT, BUT THAT'S NOT SOMETHING THAT THE ALJ IS GOING TO GOING TO RULE ON. SO. DO I NEED TO GO THROUGH VARIANCES? I WILL JUST BRIEFLY. VARIANCES. AND I DON'T KNOW IF WE EVEN HAD ANY LATELY. I WAS THINKING ABOUT THAT. HAVE WE HAD TWO, TWO RECENTLY? TWO WEEKS AGO. THAT'S FANTASTIC. YEAH. IT USED TO BE THAT EVERY, EVERY QUARTER THE, THE BOARD OF ADJUSTMENT HAD TO HAVE A MEETING. WHETHER THERE WAS ANYTHING ON THE AGENDA OR NOT. WE WOULD DRAG PEOPLE AWAY FROM THEIR LIVES AND FROM SURVIVOR, BRING THEM IN, MAKE THEM MEET. AND, AND, AND THERE MIGHT NOT BE ANYTHING ON THE AGENDA. 
          WHAT'S NICE NOW IS THAT WHEN A VARIANCE IS APPLIED FOR WHEN IT COMES BEFORE THE CITY, IT CAN 
          [00:20:03]
JUST BE PUT ON JUDGE NEWMAN'S AGENDA. AND YOU CAN HEAR IT AS IT COMES MONTH TO MONTH. AND APPARENTLY THERE SO EFFECTIVE. I DIDN'T EVEN KNOW THAT THEY WERE BRINGING THEM IN. BUT WHEN THERE IS, YOU KNOW, A VARIANCE, THE THE JUDGE NEEDS TO APPLY THESE CRITERIA. RIGHT. AND, AND IF YOU'VE NEVER BEEN ON THE BOARD OF ADJUSTMENT, IT'S, IT'S TOUGH TO MAYBE FULLY APPRECIATE. 
          BUT LIKE, THESE ARE PRETTY TOUGH TO, TO APPLY AND INTERPRET. THEY HAVE A LOT OF TERMS OF ART. THEY HAVE A LOT OF BACKGROUND AND CASE LAW BEHIND THEM AND, AND ASKING LAYPERSONS TO APPLY AND INTERPRET, YOU KNOW, SOMETHING HEFTY LIKE THIS GOT VERY CONVOLUTED VERY QUICKLY. AND IT'S NICE TO BE ABLE TO GIVE THESE TO JUDGE NEWMAN, WHO AGAIN, DOES THIS AND, AND HAS A LITTLE BIT MORE EXPERIENCE WITH IT. BUT, YOU KNOW, LITERAL ENFORCEMENT OF THIS TITLE WOULD CAUSE AN UNREASONABLE HARDSHIP FOR THE APPLICANT. THAT IS NOT NECESSARY TO CARRY OUT THE GENERAL PURPOSE OF THIS TITLE. WHAT IS AN UNREASONABLE HARDSHIP? THERE'S A BUNCH OF DIFFERENT FACTORS AND THINGS THAT GO ON. YOU KNOW, IT'S IT'S SELF-IMPOSED OR ECONOMIC. THERE'S DIFFERENT THINGS THAT THEY NEED TO LOOK AT AS WELL. 
          THESE THESE CAN BE TOUGH. SO I'M GLAD THAT THAT WE HAVE AN ALJ THAT IS GOING TO BE HEARING THOSE BECAUSE I THINK VARIANCES GET LITIGATED, YOU KNOW, MORE FREQUENTLY THAN MAYBE OTHER TYPES OF CASES. AND AGAIN, IF WE'RE LOOKING TO TRY AND KEEP, YOU KNOW, COMMUNITY MEMBERS LAYPERSONS OUT OF COURT PROCEEDINGS, I'D RATHER HAVE JUDGE NEWMAN HOLD BEFORE THE DISTRICT COURT TO EXPLAIN HIS DECISION RATHER THAN, YOU KNOW, THE GOOD PEOPLE OF WEST JORDAN. 
          SO. THERE WAS AN ACCIDENT OUT THERE ABOUT THAT SAME INTERSECTION. YEAH. GUNSHOT, MURDER. I KNOW, BE CAREFUL OUT THERE. WOW. A FEW A FEW POINTS, TAKEAWAYS FOR YOU. JUST AS AS WE WRAP UP, I THINK, I THINK FOR YOUR ROLE, IT'S IMPORTANT TO ALWAYS BE CONSIDERATE OF DUE PROCESS, RIGHT? GIVE PEOPLE THE OPPORTUNITY TO SPEAK AND BE HEARD. YOU DON'T NEED TO AGREE. 
          YOU MAY THINK IT'S RIDICULOUS. IT'S MAYBE A WASTE OF YOUR TIME, BUT LET IT BE OKAY. EVERYONE SHOULD SHOULD HAVE THE ABILITY TO CREATE THAT RECORD AGAIN BECAUSE THAT'S WHAT'S GOING TO BE REVIEWED. ON APPEAL TO THE ALJ. AND AFTER THAT, ON APPEAL TO THE DISTRICT COURT, POTENTIALLY, I THINK WHERE I'VE SEEN PLANNING COMMISSIONS OR BOARD OF ADJUSTMENT, YOU KNOW, CASES GET INTO TROUBLE IS THEY TRY TO CUT PEOPLE OFF, LIMIT THEIR ABILITY TO PRESENT INFORMATION, YOU KNOW, LIMIT WHAT THEY FEEL IS RELEVANT. AND THEN IT KIND OF CAUSES A TRICKLE EFFECT THAT CREATES PROBLEMS FOR EVERYONE. SO MAKE SURE THAT THAT DUE PROCESS IS, IS ALWAYS KIND OF AT THE FOREFRONT OF, OF THE STEPS THAT YOU TAKE. PARTY CANNOT APPEAL TO THE ALJ, THE PASSAGE OF A LAW OR AN ORDINANCE, ONLY ADMINISTRATIVE DECISIONS. AGAIN, KIND OF REMEMBER THIS, YOU KNOW, SOMEBODY COMES IN AND SAYS, HEY, I DON'T LIKE THIS LAW. THIS NEW LANDSCAPING LAW IS JUST RIDICULOUS. LIKE, I'M GOING TO APPEAL THIS TO THE ALJ. WE'LL SEE ABOUT THIS. YOU KNOW, YOU CAN'T RECOMMEND THIS, THIS, THIS BAD LAW, NOT, NOT THE ALJ SPOT. THEY DON'T HAVE THE STANDING. THE ABILITY TO DO THAT DOESN'T DOESN'T PLAY. 
          AGAIN, MAYBE THIS IS THIS IS JUST A LITTLE SOMETHING AS WELL. YOU'RE HERE TO MAKE HARD DECISIONS. DON'T SHY AWAY FROM IT JUST BECAUSE OF AN APPEAL. JUST LISTEN TO THE FACTS AND APPLY THE LAW CORRECTLY. AND I THINK THAT'S PART OF WHY YOU'RE BLESSED TO HAVE SUCH GREAT STAFF MEMBERS AROUND YOU, RIGHT? WE'RE LUCKY TO HAVE SUCH INVOLVED COMMUNITY MEMBERS. YOU LIKEWISE ARE FORTUNATE TO HAVE SUCH INVOLVED STAFF MEMBERS. I'VE BEEN TO OTHER PLANNING COMMISSION MEETINGS AROUND THE VALLEY. I DON'T KNOW THAT I'VE SEEN FOUR CITY PLANNERS, FIRE MARSHALL, CITY ATTORNEY AND A DEPARTMENT HEAD SITTING IN IN A TRAINING MEETING, LIKE EVER, YOU KNOW, ESPECIALLY NOT WHEN DINNER'S NOT BEING SERVED OR SOMETHING. SO, BUT YOU'RE, YOU'RE VERY FORTUNATE TO HAVE GOOD STAFF. I WOULD LEAN ON, ON, ON THESE STAFF MEMBERS AS, AS MUCH AS YOU COULD TO MAKE SURE YOU UNDERSTAND THE FACTS AND MAKE SURE YOU UNDERSTAND THE LAW. DUNCAN IS AN ENCYCLOPEDIA OF KNOWLEDGE ON TITLE 13 AND OTHER LAND USE TITLES. I WOULD 
          [00:25:07]
ABSOLUTELY, YOU KNOW, QUIZ HIM IF YOU HAVE QUESTION ON APPLICABILITY, INTERPRETATION OR ANYTHING LIKE THAT. SO, YOU KNOW, IT'S, IT'S TOUGH TO TO BE IN THIS SPOT SOMETIMES, BUT THIS IS WHAT THE LEGISLATURE IS CALLED ON IS, YOU KNOW, COMMUNITY MEMBERS TO COME AND, AND TAKE THIS ROLE AND FILL THIS SPOT, HELP DECIDE WHAT GOES ON IN THE COMMUNITY. SO ANY QUESTIONS FROM ME? OH, SOMEONE INITIATED AN APPEAL. AND THEN FROM THAT PORTION, HOW DOES IT WALK THROUGH? DO THEY AFTER THEY'VE INITIATED APPEAL, IS THERE MORE PAPERWORK THEY PUT TOGETHER THE STAFF, PUT TOGETHER REPORT ALL THE WAY UP THROUGH THE JUDGE? YEAH, THAT'S A GREAT QUESTION. GENERALLY, WHEN YOU REQUEST AN APPEAL, YOU FILE IT DOWNSTAIRS WITH THE CITY REPORTER. DO YOU GUYS KNOW TANGI SLOAN? SO SO TANGI, YOU KNOW, IS THE RECORDER. SHE'S KIND OF THE RECEIVER OF OF ALL THINGS THAT NEED TO COME AND, AND, YOU KNOW, COME THROUGH THE CITY. SO YOU'LL FILE AN APPEAL AND IT DOESN'T HAVE TO BE SUPER FANCY. YOU JUST NEED TO STATE ON IT, YOU KNOW, YOUR NAME, THE CASE OR DECISION NUMBER, GIVE A REASON AND A BASIS FOR THE APPEAL AND FLESH IT OUT AS MUCH AS POSSIBLE ON THAT PAPER THAT GETS FILED WITH TANGENT. THAT'S KIND OF THE CATALYST THAT GETS STARTED, PROVIDED THAT YOU KIND OF LIKE MEET THE BASE REQUIREMENTS OF LETTING EVERYBODY KNOW WHAT YOU'RE APPEALING AND WHY YOU'RE APPEALING IT. THE ALJ WILL USUALLY SET LIKE A TIMETABLE FOR SUBMITTING EVIDENCE AND DOCUMENTATION AND EXHIBITS TO THE COURT FOR THE PROCEEDING. YOU'LL WORK WITH SOMETIMES ME, SOMETIMES DUNCAN, SOMETIMES PAUL DODD, WHO'S IN OUR OFFICE AS WELL ON ON GETTING THAT SET. 
          AND IF YOU HAVE AN ATTORNEY, YOU KNOW, THEY'LL THEY'LL COORDINATE AND STUFF. IT'S, IT'S FAIRLY COLLABORATIVE. I WISH I COULD SAY IT'S LIKE PERRY MASON WHERE, YOU KNOW, EVERYBODY JUST KIND OF FIGHTS AND YOU BRING IN SURPRISE WITNESSES AND STUFF AT THE END. 
          IT NEVER HAPPENS LIKE THAT. YOU KNOW, WE WE TALK A LOT WITH WITH OPPOSING COUNSEL OR EVEN THE PERSON WHO IS APPEALING TO EXCHANGE INFORMATION, MAKE SURE WE ALL HAVE THE SAME DECK OF CARDS AND THAT WHEN WE ON. JUDGE NEWMAN KNOWS WHAT'S GOING ON, AND WE'RE HERE TO JUST PRESENT FACTS AND AND THEN HAVE A DECISION MADE. BUT IT'S IT'S IT'S VERY ORDERLY. IT'S VERY ESPECIALLY FOR AN ADMINISTRATIVE PROCEEDING, VERY COLLEGIAL USUALLY. VERY WHAT WOULD I SAY? PRACTICAL IN THAT WE ALL JUST WANT TO LIKE FIGURE OUT WHAT THE BEST, MOST REASONABLE SOLUTION IS GOING TO BE TO THAT PROBLEM. BUT YEAH, IT'S, IT'S, IT'S A, IT'S A SIMPLE PROCESS. I WILL SAY, WHEN PEOPLE RUN INTO TROUBLE, IT'S USUALLY BECAUSE THEY'LL WRITE ON A PIECE OF PAPER, YOU KNOW, JOHN DOE, CITY OF WEST JORDAN SUCKS. AND, AND THEN THEY SUBMIT IT. IT'S LIKE, THAT'S MY APPEAL. AND, AND IT'S LIKE, WELL, I DON'T KNOW WHAT YOU'RE APPEALING. I, I DON'T KNOW WHY YOU'RE APPEALING IT. RIGHT? LIKE THERE ARE SOME BASE KIND OF EXPECTATIONS. AND AGAIN, OH, MY SLASH, IT GOES, IT GOES BACK TO KIND OF A DUE PROCESS TYPE ISSUE, RIGHT? LIKE DUE PROCESS GOES BOTH WAYS. I, I NEED, YOU KNOW, AS, AS THE LEGAL REPRESENTATIVE REPRESENTATIVE OF THE CITY, I NEED TO KNOW WHAT YOUR COMPLAINT IS ABOUT THE DECISION AS MUCH AS YOU NEED TO KNOW THE BASIS FOR THE DECISION AND WHAT WAS GOING ON. SO, SO CAN THE CITY TURN AWAY A VARIANCE IF IT IS CONSIDERED OBJECTIVELY BASIS OR UNCLEAR? DO YOU STILL HAVE TO TAKE THAT? NO. THE THE VARIANCE THE VARIANCE WOULD GET VARIANCE WOULD GET WOULD GET THROUGH. AND AND JUDGE NEWMAN WOULD MAKE THAT DETERMINATION. 
          SO THE VARIANCE IS KIND OF A LITTLE DIFFERENT THAN AN APPEAL BECAUSE THERE'S NOTHING REALLY BEING OBJECTED TO. IT'S A REQUEST. IF SOMEBODY
* This transcript was compiled from uncorrected Closed Captioning.