Kaysville planners recommend animal-separation change 5-0 and variance hearings before a judge 4-1
October 8, 2026, 7:00 p.m. · Kaysville City Hall, 23 E. Center St.
On Oct. 8 the Kaysville Planning Commission voted 5-0 to recommend measuring animal separation distances from the primary dwelling, so a detached accessory dwelling does not affect them, and 4-1 to recommend that variance requests go to an Administrative Law Judge. Commissioner Paul Toller was the one no vote. Staff also previewed a November rezone request and a landscape buffer discussion.
From the draft minutes. Updated October 23, 2026.
Decisions at a glance
| Item | Result |
|---|---|
| Text amendment: animal structure separation measured from the primary dwelling | Recommended for approval · 5-0 |
| Text amendment: variance requests to be heard by an Administrative Law Judge | Recommended for approval · 4-1 |
| Upcoming: R-1-8 to R-1-8 PRUD rezone near 550 East, Ice Pond Road area | Pending |
| Upcoming: landscape buffer standards for commercial property next to residential | Pending |
Agenda, item by item
Item 3 · City code
Text amendment: animal structure separation measured from the primary dwelling
Recommended for approval · 5-0
The Planning Commission voted 5-0 to recommend that the City Council amend the animal separation rules so distances are measured from the primary dwelling rather than any dwelling. City code does not now distinguish a primary dwelling from a detached accessory dwelling unit (DADU), and staff said building a DADU in a backyard could make an existing animal structure nonconforming. The issue came up during the council's review of DADU rules. No one spoke at the hearing.
Item 4 · City code
Text amendment: variance requests to be heard by an Administrative Law Judge
Recommended for approval · 4-1
The commission voted 4-1 to recommend that variance requests be heard and decided by an Administrative Law Judge. The city had earlier moved certain land use appeals from the Planning Commission to a judge but left variances out. Assistant City Attorney Katie Ellis said an independent officer could avoid cases where commissioners have personal connections to an applicant or neighbor. Commissioner Paul Toller voted no, saying residents might feel they need a lawyer before a judge. No one spoke at the hearing.
- City code requires the judge to be a licensed attorney who is not a city employee; the city recently issued a request for proposals for the position
- Ms. Ellis said the variance process and the five statutory variance criteria would stay the same, with the judge rather than the commission applying them, and timing would be similar
- Commissioner Wilf Sommerkorn supported the change for consistency and to avoid personal ties, and said some cities use non-attorney hearing officers; he noted any change to the qualifications would be a separate discussion
- Commissioner Toller said he preferred a process that produces sound decisions but was concerned about formality and access for residents
Zoning
Upcoming: R-1-8 to R-1-8 PRUD rezone near 550 East, Ice Pond Road area
Pending
Community Development Director Brad McIlrath said an application was recently filed to add a Planned Residential Unit Development overlay to R-1-8 property near 550 East in the Ice Pond Road area, to allow a private street serving four lots. It is expected before the commission at its first November meeting. No action was taken.
City code
Upcoming: landscape buffer standards for commercial property next to residential
Pending
Staff plan a work discussion with examples and possible ordinance language on landscape buffers where commercial property adjoins residential uses. No formal action is expected.