HomeMy WebLinkAboutAPP & DOCS - 06-00349 - Travis Yost - 85 Oak Ave - CUP for Duplex in LDR2
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Amerrcu's Family Canrnunity
Conditional Use Permit
Fee(s) Paid: es o CUP: $200.00
Publication: $250.00
Applicant
Name: Travis Yost
City: Rexburg
Address
State: I D
85 Oak Ave
PLANNING AND ZONING
DEPARTMENT
12 N. Center (PO Box 280) Phone: 208-359-3020 x312
Rexburg, Idaho 83440 Fax: 208-359-3022
www.rexburg.org emilyaCa)rexburp.orp
Phone: (208) 589-4192
Owner (Complete if owner not applicant)
Name: Address:
City: State:
Phone:
Property Covered by Permit:
Address: 85 Oak Ave. Rexburg Zone: Low Density Res. 2
Legal Description (Lot, Block, Addition, Division Number)
See Attached Exhibit "A"
Nature of Request (Briefly explain the proposed use)
To obtain approval to rent out my basement apartment.
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Existing use of property:
Currently used as a signle family dwelling but is constructed
to house a second family/apartment in the basement.
Will this have an impact on schools:
No
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?
Average amount of useage for two typical families. Yes, the
existing main is adequate to provide fire protection.
2. What is the estimated sewer usage per month? Will pretreatment be necessary?
Average amount of usage for two typical families, No.
3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or
COTT]nlerCial trucks? ~~,Pra P amniint Qf troff 1C fllr ~~ t~~
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No commercial vehicles will be used.
There is sufficient off-street parking for all living on oremesis
4. If commercial, industrial, or a home occupation, what will be the hours of operation?
Home occupation, no hours of opperation.
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? Storm drains d o exist and n o a d d i t i o n a l
facilities will need to be constructed.
6. If proposed use is residential, describe number and type of dwelling units.
multi-family for young families, singles and couples, or elderly?
There will be two units, one upper level and one lower level.
This will not be student approved housing.
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?
Fire walls are constructed to separate grage from house and to
separate the two apartments.
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?
There is off street parkin for all that will live at the
premesis. Aisle widths and access points are in compliance.
Landscaping has been provided in accordance with ordinances.
9. Where will solid waste generated be stored? Is access adequate for the City collection?
Both units are set ~}K up for Citv collection.
Will this be student housing:
2
• •
10. What is the type of noise that will be generated by the use? What are the hours of noise generation?
No noise outside what would normally be generated by two
families. Noise Generation will be within reasonable hours.
11. What type of equipment will be used in the conduct of the business?
n/a
12. What are the surrounding land uses? Has buffering been provided as required by the ordinance?
All surrounding land is zoned LDR2.
13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box
cars? None required, no excessive dust will be created.
14. Will the parking lots or other outdoor areas have lighting?
Yes.
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 sufficient space for truck parking?
n/a
16. If a commercial, multi-family, or public assembly use, where is the nearest collector street? Arterial street?
Main
17. What, if any, signage is anticipated in connection with the proposed usage?
None
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.
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Conditional Use Permit Procedures
The City of Rexburg Zoning Ordinance designates certain land uses in each Zoning District which are allowed.
These are listed in the Zoning Ordinance for each zone. The Community Development Department should be
consulted if you have questions about whether your proposal will need a Conditional Use Permit.
If a C.U.P. is needed, you will need to get an application from the Community Development Department and
fill it out for a C.U.P. You will then need to return the application and request that the City Clerk put you on the
Planning Commission agenda one week prior to the meeting. The Planning & Zoning Meetings are held on the
1St and 3ra Thursday of every month at 7:00 pm.
The Planning Commission will then review the application prior to the meeting. At the meeting the board will
discuss your request with you and set it for Public Hearing. You will need to pay $200.00 to the Community
Development Department prior to any advertising for the hearing. Prior to granting a conditional use, at least
one Public Hearing shall be held to give persons an opportunity to be heard.
The Secretary of Community Development will put the notice for the hearing in the paper 15 days prior to each
hearing, mail a copy to all the property owners within 300 feet and post a notice on the property. After the
Planning Board holds their hearing they will make a recommendation to the City Council. The City Council will
take the Planning Board recommendation into consideration. If a hearing is required before the City Council
they will then take into consideration oral and written testimony as well as the recommendation from the
Planning Board. A decision will be made by the City Council within the time frame allowed by Section 67-
6511, Idaho Code.
4
Date: March 13, 2006
EXHIBIT 'A'
LEGAL DESCRIPTION:
File No.: 152771-RX (ns)
COMMENCING AT A POINT THAT IS EAST 96.22 FEET AND NORTH 687.12 FEET FROM THE
SW CORNER OF BLOCK 8 OF THE POWELL MODIFICATION PLAT OF A PORTION OF THE
RIGBY ADDITION TO THE CITY OF REXBURG, DIVISION II, SECTION 29, TOWNSHIP 6
NORTH, RANGE 40 E.B.M., MADISON COUNTY, IDAHO, AND RUNNING THENCE N. 19°02'43"
W. 52.82 FEET; THENCE N. 62°15'25" W. 86.80 FEET; THENCE SOUTHWESTERLY ALONG A
CURVE CONCAVE TO THE WEST (TANGENT TO SOUTH 27°20'40" WEST) WITH A RADIUS OF
710.00 FEET, A DISTANCE OF 39.90 FEET; THENCE S. 30°33'51" W. 69.14 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST WITH A RADIUS OF 30.0 FEET, A
DISTANCE OF 38.47 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTH WITH A RADIUS OF 181.00 FEET, A DISTANCE OF 30.53 FEET; THENCE N. 63°07'14"
E. 141.10 FEET TO THE POINT OF BEGINNING.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning &
Zoning Commission of the City of Rexburg, Idaho, Thursday, November 02, 2006, at 7:05 p.m.,
in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding
a Conditional Use Permit for an apartment unit in a home. The property is currently zoned Low
Density Residential (LDR2).
The said parcel is located at 85 Oak Avenue in Rexburg, Madison County, Idaho, and more
particularly described as follows:
COMMENCING AT A POINT THAT IS EAST 96.22 FEET AND NORTH 687.12 FEET
FROM THE SW CORNER OF BLOCK 8 OF THE POWELL MODIFICATION PLAT OF A
PORTION OF THE RIGBY ADDITION TO THE CITY OF REXBURG, DIVISION II,
SECTION 29, TOWNSHIP 6 NORTH, RANGE 40 E.B.M., MADISON COUNTY ,IDAHO,
AND RUNNING THENCE N. 19°02' 43" W. 52.82 FEET; THENCE N. 62°15'25" W. 86.80
FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST
(TANGENT TO THE SOUTH 27°20'40" WEST) WITH A RADIUS OF 710.00 FEET, A
DISTANCE OF 39.90 FEET; THENCE S. 30°33'51" W. 69.14 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST WITH A RADIUS OF
30.0 FEET, A DISTANCE OF 38.47 FEET; THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTH WITH A RADIUS OF 181.00 FEET, A DISTANCE OF 30.53
FEET; THENCE N. 63 °07' 14" E. 141.10 FEET TO THE POINT OF BEGINNING.
At such hearing the Planning & 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 November O l St, 2006.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 9t" day of October, 2006.
CITY OF REXBURG
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'p ~ Blair D. Kay, City Clerk
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Published: October 14t", 2006
October 28t'', 2006
Findings of Fact
City of Rexburg
12 Norfh Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CITY O F
REXBURG
America's family Community
Travis Yost - 85 Oak Avenue
Conditional Use Permit
On July 12, 2006, Travis Yost presented to the Rexburg Planning & Zoning Coordinator a
Request and Application for a Conditional Use Permit for two family dwellings in a house
located at 85 Oak Avenue.
2. On October 9, 2006, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for October 14, 2006, and October 28, 2006. A notice was posted on the
property and sent to all property owners within 300 feet of the above mentioned property.
On November 2, 2006, Travis Yost presented to the Planning & Zoning Commission fox
the City of Rexburg his Request for a Conditional Use Permit for two family dwellings in a
house located at 85 Oak Avenue.
Charles Andersen motioned to approve the Conditional Use Permit at 85 Oak Avenue
based upon the suggested conditions provided by staff
1-Both units shall have their own waste receptacles for trash service.
2- Trash receptacles shall not be visible form the pubic right-of--way, or adjacent property.
Trash receptacles shall be placed inside the garage on days of no trash service for the site.
3-Sidewalks shall be installed to City standards along all portions of the property abutting
public right-of--way.
Ted Hill seconded the motion.
Chairman Dyer asked Charles Andersen if he would be willing to amend his motion to
include that the sidewalks be installed as a condition of certificate of occupancy, meaning
that no one can exercise the conditional use permit until that is done. Also, that the
definition of a family is adhered to. Third, that provision 6.13 B with regard to noise be a
condition of this approval.
Charles Andersen amended his motion accordingly. Ted Hill seconded.
Randall Porter abstained.
None opposed. Motion carried.
•
Ralph W. Thompson
Professor Emeritus, Ricks College [Now BYU-Idaho] Editor j Proofreader
446 Linden Avenue • Rexburg, Idaho 83440-2041 • Telephone [208] 356-5988
Rexburg Planning and Zoning Commission
c/o Rexburg City Clerk
27 October, 2006
Dear Commissioners:
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I received your notice of public hearing concerning a conditional use permit for an
apartment at 85 Oak Avenue in the Powell Addition.
I can see the home from my front porch.
Previous owners of the property had an apartment there for years. It was beautiful, well
kept inside, spacious and airy. Parking for the tenants never presented a problem for
neighbors.
There are approximately 18 apartments already in the Powell Addition, none more
desirable than the one at 85 Oak Avenue..
I believe the new owners of the home at 85 Oak Avenue should be granted a permit for an
apartment, provided it meets the newly revised city code..
Sincerely,l,. „~
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Ralph W. Thompson
interested neighbor