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HomeMy WebLinkAboutAPPLICATION & DOCS - 05-00240 - Druleau - 234 Cornell - CUP for Duplex & Dorm in LDR1* ~ Patricia & Dennis Draleau 4435 Frontier Ct SE Olympia, WA 98501 (253):.:371-5737 (Cler~r}is war (360) 725-2374 (Patricia work) (360) 456-2916 (home) July 13, 2005 Community Development Department 19 E Main (P.O. Box 280) Rexburg, Idaho 83440 Dear City Clerk, Enclosed please find a conditional use permit application for our property at: 234 Cornell Ave Rexburg, ID We would like to request to be put on the Planning Commission's agenda at the earliest possible convenience. Also enclosed please find a $200 check to cover required fees. To contact us please use the work telephone numbers above or at our a-mail address drealeaudc~comcast.net. Our daughter and son-in-law, Lindsay and David Carter are living at the at the Cornell Ave address. Their telephone number is (208) 656-0065. Sincerely, ti ~~ Patricia & Dennis Draleau ~,~P.,a,~~~~~~p Conditional U~ Q~ 002t~.o ~,~ ~~-~ CUP Duplex/Basement Apt. Applicant Name: ~i ~f't U ~ ~ ~Pn r1 t ~ )YG~1 P~1.U Address: 'S~S~~.S ~1~ 7i~~ r~7~ ~~ City: -~/Uj~/G~ State: ~i(~/~ ~~sa/ Phone: ~(i~~ ~S~ `v29/l0 (~~~ Owner (Complete if owner not applicant) Name: Address: City: Property Covered by Permit: State: Phone: Address: ~~ ~ ~(~i-yl ~~~/P Zone: ~`r4CtJ lam? ~/~y ~SiC~~dY1 {7'G~ `~ L ega117esc ription (Lot, Block, Addition, Divi Sion Number) ~~ C..OM,~vJ Coil ~ ~// ~ D !~ ~ 5 ~ 5 %~ f~jrLit f,~J G~2~ .3U /i `PPf ,.L~P~~ d ~ ~t ~'Ivrfli' ~ct5f Corn er ~ ~= ~~'` 3, i3/o c~ ~ ~ ~ ~h ~ ,O~t~~c'r cz /a~iAiy n -~~ ~i G f c~ ~- /~~Xd~r~-- ~'1~r5~w1 ~'ou~l~~ ~~d~. ~~ Q s ~~ivc~h v~ ~{~ y~~a-~ 0 ©/a~ ~i~~-Pca~ ~i~~ runr~~~ti ~/7~/'1 ~~ fd~f /~~ ~fef°' ~I~i'ICe ~Ac/7rf Low ~' ~' -T~J,C'i"J~n eQ~/~~ /~rf .7~7Pilee, Nature of Request (Briefly explain the proposed use) ~~ ~r b lJl. ~'ucQe.rt-~ ~mi\ ~enn.ber5 `~ o~~~Se ,~ si%1 a or 1 Part f Yi Ig ~( ~-- P$1~~~Ct u5'~ (,L 1 ~- ~ - Qa r- ~ o ~nf d~~n-~-r~,c~ ~. -t; w ~ - s~ esi cV-P Will this have an impact on schools: Yl rp i ~~ d ~ i Si ~1. o e w r h {'. n-f'r ro ~ isfi n~ c,,~s~u.~ r-s -~r~-~- boo r g Existing use of property: he- "y` ~ ~ ~' ~~ ac4di~~n s fi~ ---~-e -eX~ ~~~ hO~~- \J \, Requirements for Granting Conditional Use Permit The following information will assist the Commission and/or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usage per month? Are the existing mains adequate to provide fire protection? . ~: ~ t~ ~~1lc~n P ~ma~4 ~ ~e s md.~ r~ a.~-e ~~~ .Is. 2. What is the estimated sewer usage per month? Will pretreatment be necessary? .~~~.LQ!?/G~ $ I'1 ~ Drc~ 'frP~Gi~m-e/i ~ !5 f E"'~SQa~-1 3. What is the estimated daily traffic to be generated? Wili the traffic be primarily private vehicles or commercial trucks? YYl ~ n r mu / "-{t-u G "fie C~ I (~ f~~ ~~-+~'h~ n c ~a ~ ~ i l~ e, Gl~/S Q~ce ' r Qe ue `c.l s o ~ W ~n S 4. If commercial, industnal",+o ~Ihbme dccupation, what will be the hours of operation? Il~ /~ 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? ~~ Sfirow~ ~p-fpr t^~~-gin -tom r) 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi-family for young families, singles and couples, or elderly? 8. How much parking is being provided on-site? Do the aisle widths and access points comply with the ordinance requirements? Has landscaping been provided in accordance with the ordinance? t~~J A. cc~' ' of ° c r c r~ ~"~~ ~,~Fs'„ I ~ rfy /S (a~Q3ca~pe~ 1"r fi.C~..t~ rcQ(X,,~ c.~e.,- wi`~h o'rdl ~ er 5 9. Where will solid waste generated be stored? Is access adeauate for the Citv collection? 2 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? ~J u 11. What type of equipment will be used in the conduct of the business? ,(//~' 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? r~S~ c~-eM rQ J ._ i1 c~ b~,t~.r~~ ~~t~rr~e d~ 13. Are any air quality permits required? Is dirt or of er dust creating materials moved by open trucks or box cars? _ nth r~~A- 14. Will the parking lots or other outdoor areas have lighting? ~,~ 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commercial uses, where are the loading docks? Is there suffic'ent space for truck parking? ~/~i~ 16. If a commercial, multi-family, or ublic assembly use, where is the nearest collector street? Arterial street? C'.~~~rn-cif 9v~e -a/~.u u~~~~n r~u~-- o~ horn~e - ~~/1c~r~i 17. What, if any, signage is anticipated in connection with the proposed usage? ~U~I~ The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit. 7/7/~s" ~. Date i ~ ~..._._..`~ ~ ~ i ~__~ { ~~~~ E _____ ._ _; _.~r . ___ _~ .~_ ~._. ~ i f,_._._ , ~ ', ~,. ~, 9 ~ l ~ j --t---t----__ i l i __ .__ ._ 1 _ __1 _._. ~._. _. w_._. ~_ ~r_ __~-- r {- ~ -~--- ~ j { r j j ' ~ i ~ t { i i _.. __. I ~ I __._ ~__ _.. ~._ _.~~ I ~ .. , ~ r ~, F ._.__ _ r ~ ~ 1 ~ //{~ _ __.A k,~~ ~ lY i ~~ s w ~ a r 1 ~ ~ E L ~~~~ , ~~ -I _~_ ,~Te~ P/.~ j ~ - ~ ~_ ~ _ __., _..____ _________ ..~w,___ _ . t I -- i i 3...-~ _ ~ _ - _. 1 1 i ~ J ~ i I ~ ( - , I~ _ .... ~ i e I i j ~ ' ~ I l _ ' { ~ ! I ! ! i ~ Y._ „~. a i ~1 ~~~~ ' 1 { A j i t t ~~ j y f i i , I ! ~ F i ~ 1 _...~~ .._:._.._~ _.e.. ,.._ _ ._ ... . _. 1 ...._ ;._..... _.r._._.....~__. _.___._;__~___,___. I I f __ ~.~_~,.. i ~_ _ _ , ___ ' 1 ~ ' i 1 ~ r ~--- _.__ r r , _ r° ~ j - __ ,... .,._.I. --i_... _ ._ ~._...~ -_ ' ~~ i ~. `', y ~_ ' .~_... _ T I_ _ __ ~ _ . _ __ ~ ; c~ writi.7Ja p NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning and Zoning Commission of the City of Rexburg, Idaho, Thursday, August 18~', 2005, at 7:20 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional Use Permit (CUP) for a rental unit. The location is zoned as (LDR2) Low Density Residential Two. The said property is located at 234 Cornell Avenue in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at a point 56.5 feet south and 30 feet west of the northeast corner of lot 3, block 4 of the Parker Addition to the City of Rexburg, Madison County, Idaho, as shown on the recorded plat thereof, and running thence west 142 feet; thence south 62 feet; thence east 142 feet; thence north 62 feet to the point of beginning. At such hearing the Planning and Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on August 17~', 2005. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 29~ day of July, 2005. CITY OF REXBURG Y Blair D. Kay, City Clerk'' Published: August 02nd, 2005 August 13~', 2005 • August 7, 2005 Dear Mayor Larson. City Council, Planning and Zoning, Building Inspector and any one else that might help us, We here on Cornell Avenue are witnessing the very thing happening that we have fought so hard to prevent. A home was sold, Virginia Cleverly's, and people from out of town bought it so their children can live in it and go to college. We have seen furniture, refrigerator, and other such items brought in and we have been told by the young couple that live there, children of the people who bought it that the plan is to put an apartment in the basement and have two dwelling and fill it up with girls for fall. No record has been found for a building permit being issued nor has the college approved it for housing. There seems be no regard given to what ordinances the city has adopted. And I have my doubts that any city inspection has been asked for or made. They have mowed the front lawn only a total of '~2" times the entire summer and have done nothing to the back yard. I couldn't stand the weeds next to my property in a single parking space so have had them cut down and hauled away. This house and • property are a disgrace to the neighborhood. Mrs. Cleverly would be sick if she were to see what had happened to her former property that she cared for. I can only pray that better care is being taken of the inside of the house than is being done to the outside. The total disregard to any laws that exist or the feelings of neighbors is disgusting. This house and property look like they belong on College Avenue rather than in out neighborhood. PLEASE, is there anything that the city can do to help us maintain the respect and dignity of this neighborhood who take pride in keeping our property attractive and a pleasant place to live? Thank you, Anita Williams. And I am expressing the feeling of others in the neighborhood on Cornell Avenue. f/ y, .{a Kurt Hibbert From: Dennis Draleau (draleaudc@comcast.net] Sent: Sunday, March 12, 2006 7:23 PM To: Kurt Hibbert Subject: RE: 234 Cornell Ave variance/spot zoning Dear Kurt, We were disappointed with time we do not intend to the Conditonal Use Permit promised. Is this e-mail that we need to follow. Please advise. your response and disagree on a number of the points. At this pursue this issue. We would like to request reimbursement for fee of $250 and the Public Haring Notice fee of 5,,.2Qf1 as sufficien~~or this request or is there a more of al process -----Original Message----- From: Kurt Hibbert [mailto:kurth@rexburg.org] Sent: Friday, October 07, 2005 11:44 AM To: Dennis Draleau Subject: RE: 234 Cornell Ave variance/spot zoning Dear Dennis: As you are aware, there was an administrative decision made by the city to not allow your application to be processed due to insufficient lot size. Until an application is complete and is submitted for review a complete review of all legal requirements is not made. The discovery that your lot is not of sufficient size to allow the request was not discovered until formal review of your application. This review was done in a timely manner and you were notified of the lot size deficiency soon after. Any costs you incurred or efforts made toward creation of this apartment unit before approval of the CUP was done at your sole risk .and discretion. The City did not give you approval to proceed without a CUP which you were informed up front would be needed. Under the ordinance, your situation does not qualify for a Variance. There are four qualifying criteria that must be met in order to allow a variance (Section 6.12 in the code). This issue would fail on three of the four qualifying criteria. I cannot venture to guess why this option was suggested. Spot zoning generally denotes incompatible land use in most peoples minds. Other commercial use (dormitory style housing/Student Apartments)in the LDR2 zone is not allowed under the ordinance and is not presently under consideration. Other like uses in your neighborhood may be grandfathered or simply may need an enforcement action taken depending on the situation. Please call if you have any questions about what I have explained. I would also refer you to the City web site of REXBURG.ORG where you can locate Ordinance # 926 Development Code with all of the current zoning regulations and amendments. Sincerely, Kurt Hibbert -----Original Message----- From: Dennis Draleau [mailto:draleaudc@comcast.net] Sent: Thursday, October 06, 2005 10:29 PM To: Kurt Hibbert Subject: FW: 234 Cornell Ave variance/spot zoning Hi Kurt, I hadn't heard from you so I am repending this message just in case you didn't receive the first one. Thanks for your help in with this matter. 1 _~ ~~. -----Original Message----- From: Dennis Draleau [mailto:draleaudc@comcast.net] Sent: Thursday, September 29, 2005 10:43 PM To: kurth@ci.rexburg.id.us Subject: 234 Cornell Ave variance/spot zoning Good morning Kurt, I left a telephone message a couple of weeks ago, and then thought it would be better to ask my question via e-mail. When we were in Idaho August 24th we met with Stephen Zollinger regarding the letter we received from Bill Hamlin dated August 12, 2005. Mr. Hamlin letter informs us that we were removed from the Planning and Zoning Meeting scheduled for Aug 25th (the Notice of Public Hearing states the meeting was actually held on August 18th). The reason stated was that our lot was less than 10,000 square feet. Mr. Zollinger informed us that we have two options available to us, a variance or spot zoning. He recommended that we get your opinion on which option to pursue. He advised us of the fees involved and said that the city would retain the $450 in fees we have paid thus far and would apply them to the variance or spot zoning fees. The basis for the variance is that we had proceeded with and nearly completed all of the modification required to meet the city's requirements for a Condition Use Permit, CUP and BYUI housing requirements. We were denied the option of a CUP on the basis of our lot size, a factor that is beyond our control. This surprised us because we were lead to believe that we were in compliance with all requirements. When we referred to Ordinance 926 it states that a two family dwelling is conditional use within this zone. It also states that the lot size must be 8,000 (which ours is 9, 000 ) and an additional 2,000 square feet was required for each additional dwelling. We interpreted this to mean an additional dwelling not an additional dwelling unit, (defined separately in this ordinance). We believed we were in compliance with the square footage because our plans did not include any construction, just modifications to the existing dwelling. This has caused a financial hardship. By the time we had received this notice we had purchased cabinets, flooring, counter tops, stove, refrigerator, over the stove microwave, 4 twin beds, and other furnishings. We had hired and incurred expenses from a plumber, electrician, and labor for cabinet installation. We believe we did the proper research and asked questions from the proper experts before we proceeded with this project. We also feel that we were informed very late in the process that we were going to be denied the opportunity to be heard at the Planning and Zoning meeting. The timeline is as follows: We purchased the home with the knowlege that our neighbors were renting to four BYUI students and the home next to that was also renting to students * Before any work was started my husband met with you the last week of May to inquire if our plans would be allowed under city ordinances and were informed that that they would be * Before any work was started we met with Doug Sutherland to insure that our plans would meet BYUI housing requirements and we were informed that they would be * In June we purchased the cabinets, flooring, appliances and counter tops for the downstairs kitchenette * We hired a plumber and electrician. * In July we applied for a conditional use permit and paid a $200 fee * Two weeks later we paid the $250 fee for advertising and announcing the hearing for our CUP application * On July 27 we received two Review Action notices listing actions required for approval: a paved parking area and obtaining required building permits * The Notice of Public Hearing were Published Aug 2 and Aug 13 * We were notified that we were on the Planning and Zoning Meeting Agenda 2 J scheduled on August 18 * On August 12th we were informed by Bill Hamblin that our lot size was not sufficient * We received a letter postmarked August 16th stating that we had been removed from the August 18th planning meeting. The basis for the spot zoning is that the two homes directly south of our home are currently out of compliance and the city has yet to take action. There are renting to a number of students that far exceeds the number allowed. At least one of these homes has leased some of their property to the apartment complex to the west, which significantly reduces their lot size and makes them ineligible for a CUP. Mr. Zollinger felt that these three homes are similar enough that they would qualify for LDR3 zoning. We would appreciate getting your opinion on which option you feel would be most successful for us to pursue. We would like to start that process as soon as possible. Thank you for your assistance in this matter. Sincerely, Pat Patricia & Dennis Draleau 4435 Frontier Ct. SE Olympia, WA 985.01 (360) 456-2916 hm (360) 725-2374 wk 3