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HomeMy WebLinkAboutAPPLICATION, DOCS - 06-00558 - Powell Subdivision - CUPs 14 Duplexes in LDR20 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Al Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant Name: 2 J� F j , I{ i �c Address: 7 L 4'. i rlr', City: ,ii , State: ee - 4 Phone: I Owner (Complete if owner not applicant) RECEIVED Name: Address: No v 1 6 200 City: State: Phone: C -Y 0 F . f`?ur�� Property Covered by Permit: Address: .7 6 K, /-+ u c Zone: Legal Description (Lot, Block, Addition, Division Number) Nature of Request (B riefly explain the proposed use) 1 4 4 Existing use of property: C Zc /) G Will this have an impact on schools: M E 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 A10 fisting mains adequate to provide fire protection? 2. What is the estimated sewer usage per month? Will pretreatment be necessary? � � ,7 6 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial }� trucks? / G �-s�- ^ � '� -(' Ll 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? X/ A 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? l 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? 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? P__ Al_`- _ L'. __ t . f / -/ _ _ _ I i h % .--e/ s- .l\ 9. Where will so�id waste generated be stored? Is access adequate for the City collection? '_ / X i d Z o- _ o 1 _ v- I 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? FA 9 0 11. What type of equipment will be used in the conduct of the business? Al " 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? _ 1 ti Y< / Gif GvLF P G 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? , e , N 14. Will the parking lots or other outdoor areas have lighting? ✓(f / /� 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? 16. If a commercial, A multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? 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. Signature of Applican Date J s F . t J I Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #2 s C[ T Y C Sri s t n•itvC r2r ±a:xrin� 0 Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant 1 Name: TV G.�d I ✓ ��l Address: r -- ` State: City: Phone: Owner (Complete if owner not applicant) Name: City: State N � QC ' 7 / Address: NOL Phone: Property Covered by Permit: Address: [j 1t-A &to Zone: T j Lpal Description (Lot, Block, Addition, Division Number) Existing use of property: s av an lin act on schools: cc 1 Nature of Renuest IRriP{lir PXrilain d,P 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. at is the estimated water usage per month? Are the existing mains adequate to provide fire protection? �?�What is the estimated sewer usage per month? Will pretreatment be necessary? 3. What isstimat d daily traffi o b j generated? ill the traf be rimarily private vehicles or commercial *ruc�lks? 4. If commercial, iudustrial,.ora home occu tion, - what will be the ours of operation? 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will n facilities be constructed? )sed use is residential, describe number and type of dwelling units. Will this be stydent housin multi- 1 - 1 1-117 u young - fam ilies, singles and co les or %IGL3 " 'hat 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? 8. How much parkin TiNg provided on-site? Do the aisle widths and access points comply with the ordinance requirements? Has ndscying been prove ed � ccordance with �},� ordinan e? - 7 - 1 c.tiv 111t � .. /) n-i"'n PA /') h.-,> I —, ,— --7-1- , S _ . F ere will solid waste generated be stored? Is access adequate for the City collection? 10. What is the of n ise at will generat d by th uses ar� h f noise generation? 2 11. What type of egent / be used in the conduct of the 12. What are th surroundin`Iand uses? Has t vci cclE' f. C 3. Are any air quality permits required? Is dirt or other dust creating 0 ,//Or) as re aired by the or *ance? Materials moved by open trucks or box cars? 14. ffill the parking ots or other o itdoor areas have lighting? S /� '1 pas en er loading zones for such uses as daycare centers and schools rovided? p How is busing routed. For commercial uses, where are the loading docks? Is there sufficient space for truck parking? 17. What, i any signage is anticipated in c nnection with the proposed usage? i. ? GAY C Q/� 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. Signature of Applicant Date ALWANCE 1. For Value Receive WARRANTT DF"FD IONF Il. ROTH the grantor(s), dotes) hereby grant, bargain, sell and convey unto PAIL M. LAFOLI.ETTE and NATHF.Y 1„ I,.AFt71.i.F.M. hnshand and wife whose current address Is 106 BIRCH AVE t RENRIIRG, ID 83440 the'urantee(s), the following described premises, in MADISON County IDAHO, to wit: COMMMCTNG AT A POINT 94 FEET NORTH OF TIM SOUTIMAST CORNER OF LOT 7, BLOCK 4 OF THE POWELL MODIFICATION PLAT OF A PORTION OF TIiF; RIGRY ` ADDITION, TO THE CITY OF RF XBURG, MADISON COUNTY, IDAHO, AS PER '1'11E RECORDED PLAT THEREOF, AND RUNNING T1IENCE WEST 9 FEET: THENCE NORTO 81) FEET; THENCE EAST 91 FEET; THENCE SOUTH 811 FEET '1'O T'IIE POINT OF BEGINNING, TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , heirs and assigns forever, And the said Grantor do hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises, that they are tree from all encumbrances Except. Subject to all existing patent reservations, easements, right of way, protective covenants, zoning ordinances, and applicable building codes, laws anO regulations and that (s)he will warrant and dettnd the same from all Inwfld claims whatsoever. Dated: April 1,1998 J 0 1\P J / 1 • _ TONE Fl. ROTH 'A'i MiCnefit.r, NC _ , 4WRu �N m 5TATP OF 1D, COUNTY Or MAWRON k ASMUSSEN On this 1ST dayul'APRIL, 1 IWt CC(;N-v �F'CJ�DER belore 111U, at Nutam Publ ,. in and for maid State, personally Fee ' ep IONS H. ROTtl ' ---- -- knoum to the to he the pensotr(s) who;tc nnmu(s) suh to the tt alun mxtnunentq athl acknowledged to Me that they eveutcd the sumo � j, y� t P A.LIS BANI T �'� 1�/UlM.i � ' � Taa ypLBL:C `T i ' Notary 1`111 ' - ' ATE OF � qjo Rezidtng at .51T. ANTFIONY. IA F P1RFS;,'9 -N Chum L wbtlf. to i� ra Ll M E-0 z z POW4 iFe U 0� t7l LI tt iFe U 0� t7l OD iFe U 0� t7l t �o 2 V �lx cy Z7 t �o 2 V �lx m z PR"l- z I AM 0 ca { PI 71 0 0 ca { al y 71 0 0 ca I Ell 1� m CN as no Wall an I" I �4 0 m ;j COO 114 ro to to A w 00 > 4J AW co (Y) CNJ T-i I MWIM. I 1 2. Z 3 . r - i 0 0 0 0 w . • 12 North Center Rexburg, ID 83440 www.rexburg.crg Use Permit City of Rexburg 1 jt � f Phone: 208.359.3020 Fox. 208.359.3022 #3 G ? 'c el EX Ow Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.9,0 Applicant Name: Address: y0 City: ( = X %7iR;�> State: �I� Phone: 3 '56 -3016 r O v ier (Coillpleie if owner not applicant) Name: 11� X11,:) rfEi71�� GZI Iar Address: r City: State: ZD Phone: ' 00`17 Property Covered by Permit: Address: '-DSO L )k�E Zone: t -1- Legal Description (Lot, Block, Addition, Division Number) Ly 197 8c.©CIX— �!j 1 LL 1�1�1`i l U ►i� Nature of Request (Briefly explain the proposed use) w D&V AEIr 'Q5 Ty -jzfi/ A6 IKI W2 i �L�rL4rn11��� EiZ J� ` AF► f3 &)1, A Dt.LP C 1 : TcJ 25E166 i-Z04 A6 LbZ.1 Existing use of property: Will this have an impact on schools: AI041 • • Requirements for Granting Conditional Use Permit The following information will assist the Conlraission and /of 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? thfi' Ar�PLa GAf�L� 2. What is the estimated sewer usage per month? Will pretreatment be necessary? �I0 A'pu(.d I What is the estimated daily r�r affic to be generated? Will the traffic be primarily private vehicles or commercial t_trucks? nl©_ Mpg - t'41�A1.I t�0UAA - T'G F 0ALY :9AFf-1 U tl _ M AA &t- dlu.�; 4. If commercial, industrial, or a home occupation, what will be the hours of operation? dCY7' APPu tAN_F_ 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? 40 — t Appi -i CAA 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? Tr�t2:i✓ � �, �V,)��� i�l� [� I� ice; +�1C -� �t�u� �iJ[�; t%� �- Gatt��� 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? IUPrZ1;_ 14 A r_*2.r- !1`%119 1,t nICA9'N4 'T ILA 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? — 9. Where will solid waste generated be stored? Is access adequate for the City collection? nlc? A+^ytjc.- 1ShLs;:. 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? 1 (4W — le. 60 A41 APAC PG iZ rJ M yT &.a a A 0 0 11. What is pe 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 ordina ceP V6 `ice IS d�nlc 1� DCt CE C a)4 t. - 11 - E46T r A 5 - i 0KE by&E � !S U1H1�5iRI 'fiC1� �iiA � � + 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the Narking lots or other outdoor areas have lighting? 4C� kPLIUAP1.r- 15. Are passenger loading zones for such uses as daycare centers and schools prc. ded? How is busing routed? For commercial uses, where are the loading docks? Is there sufficient space for truck parkingP do ' 'PPLj 16. If a commercial, multi - family, or public assembly use where is the nearest collector street? Arterial street? 17. What, ifny signage is anticipated in connection with the proposed usage', 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 Nil S T BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. (iJ crr APPo C APA E 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. E ' II jb /v,6 Signature of Applicant Date i Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #4 C I y 0 F RE,XB ...n:e...as ;n in Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Address: �_ 3 Q l,- I M Au k)- Phone: A09 59 —S ? 701 -- D {pr' � . 0 (Complete it owner not applicant) L,i--f VP Name: 1 \ I/O V Address: City: State: Phone: /�Y �SU Property Covered by Permit: Address: '�. (!� Zone: ow L Legal De ription (Lot, Block, Addition, Division Number) i C e� Nature of Request (B riefly explain the proposed use) f DMA of property: rr Will this have an impact on schools: (A ()� - *\ A\ ,-, 0 9 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 estimatedv.Tater usage per month? Are the existing mains adequate to provide fire protection? S-c Y P 0 RYP 2. What is the estimated monthP Will pretreatment be necessary? 3. What is the estimated daily traf to be generated? Will the traffic be primarily private vehicles or commercial trucks? �. 'Y'& e , 4. If commercial, industrial, or home occupation hat will be the hours of operation? 5. Will storm water drainage be retain ed on si e. s an exi sting storm drain available? Is it at capacity? If so, will new facilities be constructed? I L - , 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? COV1�)6s 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? 8. How much parking is being provided on -site? Do the aisle widths and access points coin ly with the ordinance requirements? Has landscaping been provided in accordance with the ordinance? ` 9. Where will solid waste generated be stored? Is access adequate for the City collection? '� S 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? 2 0 9 11. What type of equipment will be used in the conduct of the business? W o j 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars' 14. Will the parking lots or other outdoor areas have lighting? 15. Are passenger loading zones for such uses as davcare centers and schools provided? How is busing routed? For commercial uses, where are the loading docks? Is there sufficient space for truck parking? 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? YW ''n 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. I 9,00z) Si e of Applicant Date ed e. F . rp ro Ai od u n . by w'3 w 'a is n N N p�Aa At�N tANO W" On. 2 � V W-a � etato WARRANTY DEED For Veka •seabed Elxine Martin, A BINOLB WOMAN. the truster . de as beaeby Srout, bargaig, ad sad tansy onto Jeanine a, flair Hensley and grant Itenaley, HUSBAND AND WIFE. whose curnat addroes Is 130 Elm Avenue. Rexburg, Id 87440 the graa " s. the hover at dung" payee, !a _Masi ■an County Idaho, to wit: e0stsenring at the Southeast corner of Lot 3 in Block A of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg. Division fao, 2, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof: and running thence South 90 feet: thence West 121 feet: thence North 90 feet: thence East 121 feet to the point of beginning... Grantees herein, as part of the purchase price and consideration for this deed, assume and agree to pay the indebtedness evidenced by that Certain deed of trust made by Robert Charles Martin and Elaine Martin, husband and wife to First Security Bank of Idaho, which deed of trust is recorded In the office of the county recorded of Madison county under instrument No. 217956 and assigned by Instrument No. 217957. And for the same Consideration Orentees hereby assume the obligation of Robert Charles Martin and Elaine Martin, husband and wife, under the terom of the instrument creating the loan to indemnify the Department of veteran Affairs to the extent of any claim payment arising from the guaranty or Insurance of the Indebtedness above mentioned. This liability to the Department of Veteens AFfairs Is under the authority of Chapter 37, Title 28 of the United States Code, and supersedes any State of local law batting or limiting deficiencies following foreclosure of real property. The undersigned Oranteo hereby acknowledge and accept the above assumpti agreement and their liability to Indemnify the VA. TO NAVY AND TO $OLD flee ease pro im , with their appmettnaaaa aaq the ould Cruagas , their hdn sad aaaltaa ful And the told Cantor does hereby oevenant to and wNh Hie said Goatee a. tlmt tM la fha owns Ia fee du*k of add ]nabaa: that am era fm etel� dl laawe sttell: !ih ter b Q teisliea Intel ronrietrom 121 , teoeanla, rilib of Of. Itettetltr attests e, "161 t me21, ad eltiiaehit beildi61 codes, Its ad INelatiou. and dked also will warrant and defend Us tame Inom an kwed sludge, wtlatsoepr Grantor: Ap 1, 1992 craotaaar 71f`t� e.ea,w martin _ __ _ .. .. _' afA?a OF 19"06 COUN" OF legion on 21r let ate at UOL , 1112 leibs on, a -our Poles Is and ate sold Sw es, atns..41 vparae 64let Ihrtit . a single Woaan and Jeanine S. flair Hensley and grant Hensiay, Wife and husband bases a me r artMr,sowa .bete ear are . so d s estmo. /. b ehd.�efiede and adesawdaed to sxavete tae tent ss 24' t! v ., r : •iJ,in ttiLaTe ate e A 1 b 219 _ . 1� ... Cann: ReNoaa.., Ofd17lh. i t� t t' { 0 • #5 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 CI T y 0 - ---------- ----- T R FXB E LTIRG Fee(s) Paid: Yes/No CUP: $250.00 Publication: $200.00 Applicant �� y�,�1��.���. -� -� -�'��� Na me: LIZ Address: a 4 a 772L City: 11 State: �D Phone: Owner (Complete if owner not applicant) Name: City: Address: State: Property Covered by Permit: y� _7A-- �S Address: y Zone: Legal Description (Lot, Block, Addition, Division Number) R&CF Phone: 2 ' 9 Op a at r n efly e e prop"49/S4 12 XP Existing use of property: Will this have an impact on schools: 1 • 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 Xer month? Are the existing mains adequate to provide fire protection? 2. What is the estimated sewer usage �p month? Will pretreatment be necessary? 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? .-.; d 'g:4 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? 11 _ 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? 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 fro access sufficient in width for firefighting equipment? Wp . . A 1 � i i9 _> . a 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? will solid waste generated be stored? Is access adequate for the City collection? 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? • 2 n LJ 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? 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the parking lots or other outdoor areas have 1 .Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For ommercial uses, where are the loading docks? Is there sufficient space for truck parking? 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? 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. Signature of Applicant Date J �aFXBUq� �� o PO Box 280 p 12 North Center Street V p Rexburg, Idaho 83440 ¢ Phone (208) 359 -3020 STATE OF IDAHO �S`j Opp Fax (208) 359 -3022 4 eISHEp 1 e -mail rexburg@srv.net September 13, 1999 To Whom It May Concern: ECEI ED X 2006 '(311 OF R EXBUURG The property located at 415 East Second South is currently zoned Low Density Residential 1 (LDR1). There is currently an apartment in the basement of the house making it a duplex. This apartment is grandfathered and the use would be allowed to continue when the property is sold. Sincerely, Rose Bagley, C�Werk AND of a portion of the Corner of Block 6 o f the M ell MOdif"'at"t at the southwest C son CountyIda as p the recorded t h e city o o. 2, adi feet; thence S 75; the West Commencing f Rexburg, Division N Rigby Addition to th North 75 feet; t he nc e East 12 p l a t thereof, and run oint of beginning. 121 feet to th P • • - - - - - - -- -- - - O ""Hl Use Permit Ciry, of ,Rexburg ABI 'hone: - v✓%n /'rV.' ^urC.^'C X:2 8.35v. 022 Feels) Paid: Yes /No ='-P: 5250.00 Publication: $200.00 Applicant Name: l Aa'� Add-tess: L. Z e) Owner (Complete if owner not applicant) Name: City: State Address: 1 Phone: > �� 9 ProDerty Covered by Permit: Address: L' E : Zone: Legal Description (Lot, Block, Addition, Division Number) N ature of Request e< plaun the proposed use) Existing use of property: Will this have an imDacL on schoois: ;,, 0 0 Re lq'direm- en LS for Grar TI b Con d — L' o n l Use e Pe =,, -i �1� r a N -. a O_ C COLnc" -O �e � e .o OPCSa will or i1 assist �_e erss_o r = - �� e re u e rents 'ai_der 4he zoning crdai' -, nce. . �✓ a S L e eS ?teC timer 1 Sa e per e list; 1 a ZS aCeCLa e t0 DrO i =e proteC Cn.' 2. ti is the esar aced sewer usage per monthP Will pretreatment be necessary? O W - hat is the estimated daily traffic o be generated? Will the trafuc be primarily private vehicles or commercial Tns�ks? 0-"x v ���SfX�C'� �e \1'�c.� 4. If commercial, industr?ai, or a borne occupation, what will be the hours of operad.on? 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? (�cXf proposed use is residenuai, describe number and type of dwelling units. - Will this be student housing: multi- family for young fa i'ni' es, singles and couples, or elderly? !What Provision has been made for fire protection? Where is the nearest ire hydrant? building further than 150 feet from access sufficient in width for fire fio Tio en„irment Is any point of the 1, k-1 O plow much parking is being provided on - site? Do t`ie aisle widths and access points ccmply w the ordinance requirements? I as landsc been provided in accordance with the ordinance? rare a jo, �� r\4:'�f\a in .' 9. Where will solid waste generated be stored? Is access adequate for the Ciro collection? 1 hat is the type of noise that will be generated What the use? hat are the hours of noise generation? 0.' s� rust Arrneri Ttk Ccutp2,z AFTER RECORDING MAIL TO: Josh R. Clark and Tara Clark 431 East 2nd South Rexburg, ID 83440 instrument All 314581 rEXBURG, MADISON, IDAHO 1004 -09 -09 70EN 0 No. Pa so:2 I:ecorded for: FIRST A ICAN T L IfARILYN R. RASMUSS Fee: 0.00 Ex-0Niclo Recorder De WARRANTY DEED File No.: 100777 -RX (II) Date: September 07, 2004 For Value Received, Terry Silva and Janice Silva, husband and wife, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Josh R. Clark and Tara Clark, husband and wife, hereinafter called the Grantee, whose current address is 431 East 2nd South, Rexburg, ID 83440, the following described premises, situated in Madison County, Idaho, to -wit: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 6 OF THE POWELL MODIFICATION PLAT OF A PORTION OF THE RIGBY ADDITION TO THE CITY OF REXBURG, DIVISION II, MADISON COUNTY, IDAHO, AS SHOWN ON THE RECORDED PLAT THEREOF, AND RUNNING THENCE NORTH 75 FEET; THENCE WEST 121 FEET; THENCE SOUTH 75 FEET; THENCE EAST 121 FEET TO THE POINT OF BEGINNING. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. I D / :%,eL Terry Silva a l_ �a,2� 2�&_ .1 Jan & Silva f Page 1 of 2 72 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #7 ` l i3t.'Hr, 9 - --- -- .-- .. -_... ---- - - - - -- _ y. XB��G -tom- Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Conditional Use Permit City of Rexburg Applicant Name: M ,Chae/ t Scckc Address: 61 t 11c'6 City: /Cee,6 State: ib Phone: 3 6-L - RECEIVED Owner (Complete if owner not applicant) NOV 1 3 2006 Name: Address: CITY OF HUMMG City: State: Phone: Property Covered by Permit: Address: Z -J clP-) 62aet - )a e- Zone: Lb Legal Description (Lot, Block, Addition, Division Number) , `-h i1 oi Z-0 f r ! V J / / 0 GL 2 � �O� T D( ✓J ��� h NQ� ®r Gt 'P ' 0 h 44 At �� G 6i �C1 l A .G Nature of Request (Briefly explain the proposed use) Existing use of property: Will this have an impact on schools: A 1 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? 2. What is the estimated sewer usage per month? Will pretreatment be necessary? 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? 6ti?i , , gral ` — i-M G 0e - )t" j? & &_,f .,e 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? 6. If proposed use is residential, describe number and type of dwelling units fan for young families, singles and couples, or elderly? 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? 8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance rec Has landscaping been provided in accordance with the ordinance? r^ Will this be student housing: multi- 9. Where will solid waste generated be stored? Is access adequate for the City collection? 10. Wha is the type of noise that will be generated by, he use? What are the hours of noise generation? /V h' ' O'A ee 4W' ,- /, 6a e- n 0/� PAS 2 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? !_7 ! 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 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 sufficient space for truck parking? 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? The Commission i uncil may address other poll least those applicable points ssist in processing ORDER TO PROCESS THIS APPL ON. Ii C ssed above, but a narrative addressing at ti n. A PLO TTACHED IN p of plan setbacks, parking, etc. Formal notice will be sent to ap der approval of a Con al Use Permit. Notice will state the conditions of the permit. If con are violated or not met there will be 90 day p to cure the problem. Failure to comply wi erms may result in revocation of the Conditional Use Permit. gnature of Applicant Date AMERICAN LAND TITLE CO. 5- 7862 —C P. 0. WX 732AM nExam.IDAHO . WARRANTY DEED For Value Received Curtis C. Hawkins and Mary M. Hawkins, husband and wife Commencing Block 7'of Rigby 4ddi recorded :. p. feet; `then+ 01 STATE OF IDAHO, COUNTY OF Madison On this 29th day of June ' 1989, before me, a notary public in and for said State, personally appeared Curtis'C.I.lJaA49 M. Hawkins, Tit ��huCfiliatid•.�aa1�'�ife. kr(opn Ao Me o� 3 He g whose name s are subscr beck + t�o the ' jnetrgment and acknowledged to me:t4pt�. ;:; ;'l �.L he fd►a ' Q y executed the same. Notary Public Residing at Rexburg . Idaho Comm. Expires 6/15/91 sF ► a of Idaho SS ':+v300 County of Med"te'. ) I hereby uMify that ffie with"' hnlreroe't wet filed w of teeerded on Hie Fee by MARIE S. 5. Aowrd e ✓J pepuh Af the teQueet of ..: `. = Co ING, i 0 • 0 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 CI; Y CF REFXB T—TRG Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant _ Name: 1 ) A N a— � s ; C �� ��'� Address: � � � �.^� � � W J ' 0.w t City: \L Q k� l �.r 4, State: ��—� Phone: S o RECEIVED Owner (Complete if owner not applicant) Name: S k i sZ 0. S 4- 4 U t City: Stat Address: CI UF REXBURG Phone: Property Co vered by Permit: Address: J �� �'� Zone: L ,*� Legal Description (Lot, Block, Addition, Division Number) L'W �3 � 1 41 e tc, g �' d L I) A - m - r Existing use of propem: ZQS; &t,'c "A Will this have an impact on schools: V o 1 Nature Of Request (Briefly explain the proposed use) 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? \, k S 2. What is the estimated sewer usage per month? Will pretreatment be necessary? 3. What is the estimated daily traffic to b generated? Will the traffic be p aaily private vehicles or commercial trucks? a� V11 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 5. Will storm water drainage be retainj on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? 6. If proposed use is residential, describe number and type of wellin units. Will this be student h using: multi- family for y ung families, singles and cou or elderly? C �i c �.1 ,`� . S ct a �c t e. c� rp U E.> : s 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the b g fur er $an 150 feet fro access sufficient in width for fire fighting equipment? 8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance equirements? Has landscaping been provided' accordance with the ordinance? Qr_I v i 4 �_ nr P ��4 t� cA e V a U e S ? S 9. Where will solid waste generated be stored? Is access adequate for the Cllection? e � As, ity co . l 0. l What is the type of noise at will be generated by the use? What are the hours of noise generation? 2 • 11. What type of equipment will be used in the conduct of the business? t 12. What are the surrounding land uses? Has buf ring been P o � \i d � ed as required by the ordinance? I Q 4 S tx(S '� 1 a - ` _ N e '(12_Sz� �t,r � - v. �k1'�`. m% 13 Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the parking lots or other outdoor areas have lighting? S - 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commerc>,al uses, where are the loading docks? Is there sufficient space for truck parking? If a commetcial, multi- family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? �'\ c Nt T mmission or Council may address other points �osediscussed above, but a n r tiv a essing at least those app c will assist in process our application. A PLOT PLAN VIU B A ACHED IN ORDER TO PROCESS THIS AP . Included on the plot plan setbacks, parking, etc. Formal notice will be sent to cant after approval of a Conditional se e e will state the conditions of the permit. If condi ' s are violated or not met there will be 90 day period to cure the pro rnilure to comply with the s may result in revocation of the Conditional Use Permit. Signature of Applicant Date • i m- a goy 3 Furst American Title Company WARRANTY DEED For Value Received ROBERT D. MARCUM and JANENE A. MARCUM, husband and wife Hereinafter called the Grantor, hereby grants, bargains, sells & conveys to DANA E. MATT and STEPHANIE D. IZATT, husband and wife whose address is: 531 LINDEN AVE., REXBURG, ID 83440 Hereinafter called the Grantee, the following described premises situated in Madison County, Idaho, to -wit: Commencing at a point 94 feet North of the Southwest corner of Block 8 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Subdivision #2, Madison County, Idaho, as per the recorded plat thereof, and running thence North 86 feet; thence East 114.5 feet, thence South 86 feet; thence West 114.5 feet to the point of beginning. Also known as Lot 13, Block 8 of the Powell Modification of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are tree from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, casements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: JANUARY ,2001 ROBERT D. MARCUM 61 4 A. MARCUM STATE OF IDAHO ss COUNTY OF MADISON ) On This' 'day of JANUARY, in the year 2001, before me, a Notary Public in and for said State, personally app BERT D. MARCUM AND JANENE A. MARCUM, known or identified to me to be the person(s) whose name(s) are bs ed to the wi in ent, and acknowledged to me that they executed the same. NICK# L. STEARS N Public of Idaho STATE OF Ipmo Residing at MADISON COUNTY, Idaho I NOTARY-9 -P Commission Expires 1 -3 -2006 Instrument # 287260 RExsuRGy MADISON, IDAHO 200141 A8 04:25:00 No. of Pages: l Recorded for : FIRST AMERICAN TITL MARILYN R.RASMUSSEN`_a 40:7.00 Ex4XIdo Rocardw DW* i #9 ,' - -- Conditional Use P ermit City of .'Rexb Fee(s) Paid. Yes /�'o CL $2 Publication: 5200.00 Applicant dame: � 21 �- F"M C.e-S �° , address: r ?: e I iU �1. Phone: 3 5C - 7� 5 b OWr1er (Complete if owner not applicant) �V Name Cir?j: :address: 017- f 6 Phone: State Property Covered by Permit: _address: I �V1 ���e� Zone: Legal Description , Block, Addition, Division dumber) i l mock 3 PO a, e / add I a 4 1c Exisnng use of property: Will this have an im pac - z on sc' ools: J v Mature of Request (Briefly explain the ploposed use) �d i iG1elf - A Al �a� 117— r '� T� IOr l _ eii ran — ti c Coo dl'' 1' Se a iyl `1 '- L_Gilal it S_ GL__ uOn �7l asSiST.C^ - -- e r C CG i_CL 7G ue Gur prOuOSa1 wig me t -r e em �Ca - - she zo ng ordina] eS eC water usages e_ awe e eS Swig -,a ms a eC 1a r �rG e Ci" A I. _ _ r - � C re p � _de 2. What is ri esa`nate sewer usage per mo .th? W - ; prerreatment be necessarv? 3. What is the es aced da"y ira ric tG b generated= Will the traffic be pr'ma-ly p, vate vehicles or con SD n I 4. W co_+rirner i al it d strial, or a home o=u - Dat on, what will be the hours of ooeration? S. Will storm water drainage be new facilities be constructed? Is an e=s=g storm dram avaiiable? Is it at capacity? If so, will v. If proposed use is resider - Ea", describe number an d q of dwelling uZilts family for young es, singles and coutiles o elderly? Y (,t �n U m aV � Will this be student housing: multi- 7. What provision has been made for fire protection? Where is the nearest Ere hydrant? Is any point of Lhe building further than 150 feet from access sufficient in wi th for fir fighrig e uipment? ff ram p rn�t . _ /� / a S it i� / �PPct l,i^ is - ,e prior ided On S;t Do Eae ais wid-las and access po n_S CO=-D V. - 't `e C- —' anCc requirements? Has landscaping been provid d in accordance with the ordinance? l - APP � 9. Where v 11 solid waste generated Pe stored? Is access adequate for the Cirr coLlecnon? A 10. What is the qpe of noise that will be generated by The user What are the hours of noise generation? 0 0 11. ? vZlat e Ci e ,. t)li_enL '7171 be lised '•� she con auc o_ n-c bus =ess: a_ the su o ndLlr as CS ^:anCe' 1.3. A re an`v ai qna i peL Its require Is cixL r er dust creating maieuals . oved by open , ucys or boj cars= 1 1 �;ii o 1 -. v ue pares l lo- s or other outdoor a cas leave J ighi nL�' 1 Are passenger 'Loading zones for such uses as daycare centers and schools provided; How is 1 usmo- routed% For corn ercial_ uses, where are the loadinc docks? Is sere s fncient space for track parking? 16. If a comrnercial, multi- family, or public assembly use, wh e the nearesi collector sheet; Arterial street; 17. Wlat, if any sign is anticipated in connection with he 4 d usage; The Corr or Council may address ot� er po nts than chose discussed above but a narrative add essing at least those applicable points will assist in processing your applicarion. A PLOT PLAN ivfiCST BE ATTACHED 11\ 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 pe rit. If conditions are violated or not met there will be 90 da period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Per at. T Sib at of Applicant Date • x H (D O '�C H •• r 131 ftl 00 N II II C) H H 9C F— w LA) u n til H >S ct 131 ft] NLYI 00 11 II (n N x cn t+zi I� tzj Lo cn z H N 'TJ 'TJ �d N O\ O II 7d W 0� N J r N II w 1 10 tmod 01% co I � ro 0 o t') 0 t I�OH �� OD tz �c N N x O C:) (� OOK N N b ci ro H r H C1] ►- FC C C1 �i a c C) J N • ,y O N r N O C� J J LV co ro tl t�7 C) ,hd to F-A H N n N r r •• o 01 'rJ ro rb O � ro O tr1 O LA) 0 Ul 0) Cl O N Cl Cl I tai M H ,h � (Z r I OO t1i H :V4 v 7d rb r+ to O a F-' N H 0 :0 W x r�� K Li tG to :4 tAj EQ 0 hd H ro H H z N II 0 o %o Cl �P �A 00 II 11 •• rx w C7 0 %o OD W rA Fa 0 o O N J N O N�d 1 0 Lai to0 NOx wN:000 JJH L=J'�Jhdt7 CU0ba 'dHH� ° U n��� W Ol LsJ L=J No r F� 0 0 0 O w o bLJr x0 7o ro00 pq to H H O L=J Mi di M 0 x bLi I `rd I� to F-A H N n N r r •• o 01 'rJ ro rb O � ro O tr1 O LA) 0 Ul 0) Cl O N Cl Cl I tai M H ,h � (Z r I OO t1i H :V4 v 7d rb r+ to O a F-' N H 0 :0 W x r�� K Li tG to :4 tAj EQ 0 hd H ro H H z N II 0 o %o Cl �P �A 00 II 11 •• rx w C7 0 %o t. 0 • #10 Conditiond Use Permit ci -y CI Z City of Rexb urg , EX 31 LJ RG f 12 North Center Phone: 208.359,3020 )Rexburg, C 83440 www.i Fox: 208.3S9.3022 Fee(s) Paid: Yes/No CUP: $250.00 Publication: $200.00 Applicant Name: 6%4 K r— =ig 5 AIC t(F-1-5 6� Add-ress: 7n citv: RQA V-r� St a te: I I - —.Z- D "One: WX Owner (Complete if owner not applicant) Name: Address: City: State: — Phone: Property Covered by Permit: Address:.. Zone: Legal Description (Lot, Bloc�, Addition, Division Number) -'r L- I t3 d� to-CL � Nature of Request (Briefly explain the proposed use) I - aA Cvt LQ Existing use of property: � I • • Requirements for Granting Conditional Use Permit The follow ing information will assist the Commission and /or City Council fo determine if your proposal will meet the requirements under the zoning ordinance. is estimated water usage per month? Are the existing mains adequate to - 0 6 , ez 9 ? 9 ')� bZ_/' 46, Z_ V" I fire tection? 2. What is the qtimated sewer usa per onth? Will pretreatment be necessary? 3. What is the estimated daily tr fic be generated? Will the traffic be primarily private vehicles or commercial it cks? .1�:� -�� tj , :3 ?� If commercial, industrial, or a home occupation, what will be the hours of operation? 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? 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 ? . t ry, I An fi 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? 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? 9. Where will solid waste generated be stored? Is access adequate for the City collection? 10. What is the type of noise A that will be generated by the use? What are the hours of noise generation? . What type of equipment will be used in the conduct of the business? 12. ghat are t he s rounding land uses? Has buffering been provided as required by the ordinance? / 3'Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars' the parking lots or other outdoor areas have lighting' , Are passenger loading zones for such uses as davcare centers and schools pro °7ded? Hov is busi lg routed=' For commercial uses, where are the loading docks? Is there sufficient space for truck parking? ,Y�. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? What, if any, signage is anticipated in connection with the proposed usage? 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 MUS 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. Signature of Applicant Date ! a � F REXBURG . PO Box 280 Rexburg, ID 83440 DUE 15 DAYS.FROM BILL DATE REXBURG PO Box 280 Rexburg, ID 83440 DUE 15 DAYS FROM BILLING DATE UXBURG PO Box 280 Rexburg, ID 83440 DUE TO A RECENT SOFTWARE CONVERSION, WE WILL BE DISCONTINUING THE USAGE GRAPH FOR A PERIOD OF TIME. WE ARE SORRY FOR ANY INCONVENIENCE THIS HAS CAUSED. 1e R 0, I yFs. <., :. ,. Hmount 648 699 • Previous Balance 68.74 10/11/2006 Payment 68.74- 10/18/2006 Water 38.62 10/18/2006 Sewer 21.42 10/31/2006 Sanitation 30.00 W O �� Amount 626 648 Previous Balance 109.02 09/13/2006 Payment 109.02 - 09/20/2006 Water 20.84 09/20/2006 Sewer 19.90 09/30/2006 Sanitation 28.00 �ERVICE Amount Previous Balance 35.28- 299 427 06/22/2006 Water 77.76 06/22/2006 Sewer 19.90 06/30/2006 Sanitation 28.00 y s ent IVli n S ; ter Lisa .; a :. �'; 128 Current Charges: 125.66 35.28 61 TOTAL AMOUNT DUE: 90.38 Service Address: 75 OAK AVE Account No: 60- 25200.00 .......... _..._.... Receive a $1.00 credit on your utility bill when you sign up for ACH, auto pay. Sign up forms can be found at City Hall or on our website www.rexburg.org under `Online Services'. You will need Adobe Acrobat Reader to open the form. City of Rexburg 12 N. Center Rexburg, ID 83440 (208)359 -3020 Ext 342 www.rexburg.org 0001214 E EC -13 -2006 15:08 FROM:MICKELSEN'S ACE HOME 208- 356 -6791 0 TO : 35930c4 0 P.1 0,z �J c� DEC 13 � CITY OF REX8�1U% � 'EC -14 -2006 10:36 FROM:MICKELSEN'S ACE HOME 208 -356 -6791 0 December 14, 2006 To: Zoning Officials of Rexburg, Idaho TO:3593024 • Please be advised that I have resided at 501 Maple Dr. in Rexburg since August 1968. Charles Mickelsen has lived across from me since he built his house. I can attest that there has been an occupied apartment in his house from that time to the present. I would also like to add, parenthetically, that the apartment has always been well maintained, has had stabile renters, adequate parking and has been an asset to the community. Sincerely, Robert B Schwartz O P.1 • 9 Date: 11/16/06 To: Gary Leickness From: Don Hammar Subject: Conditional Use Permit I am writing to give you a bit of information about our apartment at 475 'h Linden Ave. We built our home in 1976 and included in it a walk -out apartment on the lower level with the idea in mind that some day our parents or other family members would need help and want to live there. We initially rented it to young couples (the first I still remember was Breck and Laurie Barton). When my father died, my mother moved in and lived there for about eight years until she passed away. After that, my son Mark and his family lived in the apartment for five years until he moved to Virginia to go to medical school. Since that time we have rented to young couples and would like to continue to do so. The apartment is comfortable, well -kept and reasonable priced. We had no idea we were on your list of "abandoned" apartments but perhaps that was the case because family members lived there for so many years. However, we never asked to be removed from the list nor did we deny access to any inspectors from the city, most of whom I knew because I have done concrete work in this area for many years. We hope that you will grant us a conditional use permit. We do have a young couple who wishes to rent it beginning in January. Sincerely, J , 6-" ) RECEIVED Don Hammar 17 2006 CITY OF REXBURG Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 #11 O� gEX6(,rpfi i CITY 0 C ° REXBURG Americas Gamily Community Fee(s) Paid: Yes /No CUP: $250.00 Publication: $200.00 Applicant Name: -BC>(\o, \, L - - — Address: �' L� n 1 City: State: Phone: -- 0 g 3 S Owner (Complete if owner not applicant) Name: City: RECEIVED Address: mail 7 0 06 State: Property Covered by ( Permit: Address: �- y�c� 2 v Zone: Legal Description (Lot, Block, Addition, Division Number) Phone: BURG GIB G State of ldahq to-wit: Beginning at a point that is North 524.0 feet from the Southwest corner of block 8 of the Powell Modification Plat of portion of the Rigby Addition to the City of Rexburg Division II located in Section 29, T. 6N., R. 40E., B.M., Madison County Idaho, and going thence N.83 0 01 1 44 "E. 115.35 feet; thence North 96.0 feet; thence North 19 0 W. 56.10 feet; thence S. 63 0 07 1 14 "W. 141.11 feet; thence Southeasterly 105.04 feet along a curve concave to the Southwest having a radius of 181.0 feet to the point of beginning. Contains .37 acres more or less. Nature of Request (B riefly explain the proposed use) Existing use of property: Will this have an impact on schools: /V 1 • F L 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? 2. What is the estimated sewer usage per month? Will pretreatment be necessary? Q What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? —Z C��� 5 r � fl ..Y r �,.. C` _ r7Z rte' _C,..' 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? 66.., If proposed use is residential, describ ber and type of dwelling units. amily for young families, singles an couples r elderly? What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the bgilding further than 150 feet from access sufficient in width for fire fighting equipment? \ 1 , , r, ';�_ 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? 9. Wherr will solid waste 10) What is the type stored? Is that will be generated by Will this be student housing: multi- s adequate for the City are the hours of tioh? 2 11. What type of equipment will be used in the conduct of the business? @12.*hat Ore the uses? Has buffering been provided as required by the ordinance? 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 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 sufficient space for truck parking? 16�)If a commercial multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? 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. Signature of Applican Date e e mi# City of Rexburg 12 North Center Fhone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org rcx: 208.359.3022 1L'Cig ill #12 - -- V F I U �T`ZT _ ^ TT'3 Y Fee(s) Paid: Yes /No 1, � .00 - ;, �a ton-. . P Applicant / j,, Name: 45 i ea rte( h4 Al Address: /7r =-2 City: Ee k O u r- State: Q(. Phone: Owner (Complete if owner not applicant) Name: City: S tate REC j E jVjED Nov 2006 Address: Phone: OF REX1 U13G Property Covered by Permit: Address: 5 - d -- h / A- P ( * - Zone: E Legal Description (Lot, Block, Addition, Division Number) N ature of R e quest (Briefly explains the proposed use) /! c Tvv Existing use of property: Will this have an impact on schools: 1 • Requirements for Granting Conditional Use Permit The following information will assist the Commission and /or City Council to determine if vour proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usage per month Are the existing mains ade5uate to provide fire protection? --c �P �_ tm . rte•— �� lf'Cs ct 1 ( cl Z_ r 5 =F _ C+1 4� 2. What is the estimated sewer usage per month? Will pretreatment be necessary? 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial P 11 trucks? 4. If commercial industrial or a home�ccupation, what will be the hours of operation? 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? 6. If proposed use is residential, describe number and type of dwelling units. Will this be st housing: multi- family for young families, singles and couples, or elderly? / .- L (-> N O C —_ J 0U Ill % ""�Q V {� r `�' �� fop - y L 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? 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 i / n � - accordance with the ordinance? s - 7 9. Where will solid waste generated be stored? Is acc ss adequate for the City collection? 1 r 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? 11. What type of equipment will be used yn the conduct of the business? _ A- 12. `hat are the surrounding land uses? Has buffering been provided as required by the ordinance? 1 K- eh 13. Are any air quality pe equired? Is dirt or other dust creating materials moved by open trucks or box cars? 1 Will the parking lots or other outdoor areas have lighting? p, 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing route& For commercial uses, where are the loading docks? Is there sufficient space for truck parking? i / 16. If a commercial, multi - family or ublic assembly use, where is the nearest collector street? Arterial street? VA V 17. What, if ar_y signage is anticipated in connection with the proposed usage ? 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 ORDER TO PROCE-SSI 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. Signature of Applicant Date 3 Conditional Use Permit City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburgorg Fox: 208.359.3022 #13 REXMIRG hY Applicant Fee(s) Paid: Yes/No CUP: $250.00 Publication: $200.00 Name: _7744tty Ajp5oJ Address: '5 , "W - C P/L BLJ(2-(, State: I Q Phone: 0-5 0 Owner (Complete if owner not applicant) No 1 Name: City: — Address: 3 State: Phone: ��Ij " Property Covered by Permit: Address: __2 5__ r?t'xrsllr'14 Zone: Legal Description (Lot, Block, Addition, Division Number) Nature of Request (Briefly explain the proposed use) - 7 7 ed::f'�3)9 t&Lj 1rt 61jj'/)Lj—r7S - 6_08 L (FI 04 fir/ etvc - 7741S L5. . r(t c zew olom A 16) V 5��V CQL C Existing use of property: C'r-t Qou GlLe Will this have an impact on schools: 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? Ayi7 ./ 2. What is the estimated sewer usage per month? Will pretreatment be necessary? el 1 /aAA �, . 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? AV O 6 ` Fly V4 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? MA5 592p,/ 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? l DoPC.r 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? 1 / S i 5 {.{ i 4) I+W 6 L d 9� ,f✓jr7&f{ 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? /x'.'42 tCi.�(z H,'t'�' t� ,�;,2�� J ��} �' U f >'7 � �`il'r" It•�,r �� � L fW� °� c,.�� 9. Where will solid waste generated be stored? Is access adequate for the City collection? I AJ 13 463 � 10. What is the typ of noise that will be z �fv`�1P, J( , j o s t/41- 4� by the use? What are the hours of noise generation? ,J &2 n4L A P S 7 0 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? 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the parking lots or other outdoor areas have lighting? it/ L) 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? 1 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? A-1jA 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. a. Signature of A cant Date t,;,/,_'77 r 5 Awal-r, eo"c. pA A& G* 0 C e"4j e- 0 4- The land referred to in is CDmmitment is described as follows: Commencing at a point 243.45 feet South and 113.99 feet East, more or less, from the NE corner of Biotic 9 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, Division II, as per the official plat thereof, said point being on the Westerly right of way of Mill Hollow Road and running thence Southeasterly around a curve to the right with a radius of 680.0 feet, a distance of 108.22 feet, to a point on said curve a tangent of whidr is N. 8 °18'31" W., thence 5.89 °26'58" W. 121.78 feet; thence Northwesterly around a curve to the lft with a radius of 323.61 feet, a distance of 85.0 feet; thence N. 77 0 26'28" E. 136.77 feet to the Point of Beginning. f: ,CommonlY known as: 535 Maple Drive Rexburg, ID 83440 0 0 mom= 12 North Center Rexburg, ID 83440 www.rexb urg. crg Use Pe -rmit- City of Rexburg Ph one: 208.359.3020 Fax: 208.359.3022 S "M y #14 L� Fee(s) Paid: Yes /No CUP: $250.00 Publication: 5200.00 Applicant c C r Name: �G; � C Address: S �J A / P City: k x (0 ct"TT, State Owner (Complete if owner not applicant) Name: City: Property Covered by Permit: Address: State: Phone: UY V C. FAQ 9 Address: ��S /� /C�foL� ��� Zone: L 2 - Legal Description (Lot, Block, Addition, Division Number) Nature of Request (B riefly explain the proposed use) _ 1 _ / S (> kl� Existing use of property: Will this have an impact on schools: 1 Requirements for Granting Conditional Use Permit The following information dill 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 exsting mains adequate to provide fire protection? 2. What is the estimated sewer usage per month? Will pretreatment be necessary? 3. What is the estimated daily traffic to be generated? Will the traffic B e primarily tucks? 04c"c-.r L u cc , t - T to vehicles or commercial ,P A, - ,DGt�G����; 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 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? 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi - famil for young families singles and couples or elderly? 1, r`S > r e i:a,(g�^ 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? Vii/ /, & _VeL-k ti � �•- y e p &' "'0 H. How 211UCi7 par ig iS beMg pYG17 -1 On -Site? � O he a Sle ��dthS and access po OLPtS Comply w?t}l tlle, OrdlYlanCe requirement Has landscaping been provided in accordance with the ordinance? �°► �� A It `f G a4 i iS bum e av & vtq, j i Z ve tsar c - 1 1 . & _ /, ill" 9. Wh will solid waste generated be stored? Is access adequate for the City collection? ocg; n Lctir t 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? 3 11. What type of equipment -will be used in the conduct of the business= 1,2. What are the surrounding land uses? Has buffering been provided as required b - the ordinance? A z i ';' eX Ce-e, 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? I - Will the parking lots or other outdoor areas have lighting? 1 S. 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? 16. If a commercial, multi- 0 , or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? The commission or Council may ad ess o o� is VV s bove, but arrative addressing at least Bose a uc ' le points,. assis p' cess 3 i'I T i'isi tiiU 1 3E A �1C "ED Ilti ORDER Tb PRO ESS;THIS A fi O - . ded o plan se sparking 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. Signature of ApplicanY Date First American Tide COMA 0 WARRANTY DEED For vaW Reo*ed Brad W. Reed, a married man Hereinafter called the Grai hereby grants, bargains, sells and a nmys unto Richard R. Ferguson and Karolyn B. Ferguson, husband and wife whose address w 545 Maple Drive, Rexburg, ID 83440 Hereinafter ogled the Grantee, the i olarong described premises situated In Madison County, Idaho, bwt Commencing at a point that is 590.0 feet North of the Southwest corner of Block 9 of the Powell Modification Plat, Division fi of a portion of the Rigby Addition to the City of Refurg, Madison County, Idaho, as shaven on the plat recorded March 19,1965; as Instrument No. 126293; and running thence North 66.39 feet; thence Northweslierty around a curve to the left with a delta angle of 60°59'49" and a radius of 323.61 feet and a distance of 13.61 feet; thence Fast 11415 feet; thence Southeasterly around a curve to the right with a delta angle of 2T49 and a radius of 680.0 feet a distance of 13.61 feet thence South 66.39 feet; thence West 1140 feet to the Point of Beginning. SUBJECT TO al easernenls, right of ways, covenants, resUic>b m reseavabons, appifcable buirfing and zoning ordinances and use reg Jdons and reshick= of record, and payment of accruing present year tames and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said prerrrses, wflh their aPPuft== unto the said Grantee and to the Grantee's hers and assigns lion ever. And the said Grantor does hereby wew t do and with the said Grantee, tr t the Grardor is the amw in fee simple of said premises; that said premises are free from al enaurrbrar>ces except current years tmw, levies, and assessments, and eroept U. S. Patent resenra6or>s, re*Uons, easen>ents of moord, and its vdk upon the premises, and that Graniorwi warrant and defend the same fiom al darns vAwboewer. Dated: Septernber 20, 2001 &L�j Brad W. Reed STATE OF Idaho )5S• COUNTY OF Madison On this 21st day of Septerrrbm, 2001, before me Lornateigh, personally appeared Brad W. Reed, a married man, kwm or identified to me (or proved to me on the oath of), to be the pew Xs) whose name(s) is snbsaibed to the wthin inshument and adToAkKkled to me trot he smAed the same. /(r1JV�C. .� ` LORNA -LEIGH Notary blicpfldahp STATE OF IDAHO Residing at Madison County, Idaho NOTARY -- • -- PUBLIC Carnrnission FA*m 021161+07 Instrument # 281511 REXBURG, MAMON, IDAHO 100149.21 02.. :90 No 0K:1 Recorded for: FIRST RICAN E MARILYN R. RASMUSS N FN: 300 E)r4)Rlcio Recorder Planning & Zoning Department 79 E. Main Phone: 208.359.3020 x334 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 ��04 BU 0 CITY OF M America's Family Community Conditional Use Permit Members of the Powell Subdivision, owning properties at 76 Birch, 106 Birch, 430 Linden, 130 Elm, 415 East 2nd South, 431 East 2n South, 522 Linden, 531 Linden, 484 Maple, 75 Oak, 475 Linden, 525 Maple, 535 Maple, and 545 Maple, having come before the Rexburg Planning & Zoning Commission on January 4, 2007, for the purpose of obtaining Conditional Use Permits for the use of two - family units or duplexes at the above mentioned properties. The requested permission was granted upon the following conditions: 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible from the public right -of -way or adjacent property. 3. Sidewalks shall be installed and maintained to City standards where applicable, e.g. corner lot ramp access, slope, etc. 4. Parking areas of four or more spaces outside of a garage shall have landscaping adequate to screen all but two of the spaces from the right -of -way and adjacent properties. 5. Existing lots less than 10,000 square feet shall not through any lot line adjustment or other land transfer or dedication decrease their current lot size. Those that are over 10,000 square feet shall not decrease their lot sizes below 10,000 square feet through any lot line adjustment, land transfer, or dedication. Should the City standards regarding minimum lot sizes for duplexes be modified in the future to allow for less than 10,000 square feet, then this condition shall follow that standard. 6. Because Life Safety Inspections were not obtained per Ordinance 851, the properties located at 475 Linden Avenue and 75 Oak Avenue shall fulfill and comply with all Life Safety requirements as determined by the Building Official for the City of Rexburg for the structural use as a two -unit dwelling or duplex. 7. The properties shall comply with Article 6.13B of Ordinance 926 regarding Conditional Use Permits. (See attached.) Failure to comply with the above stated terms and conditions may result in the forfeiture of the permit, and revocation of all rights associated with the issuance of this permit. Dated this Z�) day of January, 2007 Planning & Zoning Co6nmission Chairman 1 C , T Y OF CONDITIONAL USE PERMIT RE X B URG City of Rexburg A„, Comm Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit Type Conditional Use Permit Site Address 522 LINDEN AVE Project Description Permit # 0600558 Project Name Powell Subdivision CUPs Parcel # RPROPOW0073200, RPROPOW0041130, RPROPOW0042090, RPROPOW0061820, RPROPOW0062520, RPROPOW0063980, RPROPOW0063730, RPROPOW0083650, RPROPOW0030560, RPROPOW0081010, RPROPOW0081490, RPROPOW0090260, RPROPOW0090970, RPROPOW0091450 Names Associated with this Project Type Name Contact Phone # License # Exp Date ** *SEE ATTACHED CONDITIONS * ** Print Name p� Signature 1 Date Date Issued: Issued By: CITY OF CONDITIONAL USE PERMIT REX City of Rexburg ameTkdsrt„iyCommunity Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit Type Conditional Use Permit Site Address 522 LINDEN AVE Project Description Permit # 0600558 Project Name Powell Subdivision CUPS Parcel # RPROPOW0073200, RPROPOW0041130, RPROPOW0042090, RPROPOW0061820, RPROPOW0062520, RPROPOW0063980, RPROPOW0063730, RPROPOW0083650, RPROPOW0030560, RPROPOW0081010, RPROPOW0081490, RPROPOW0090260, RPROPOW0090970, RPROPOW0091450 Fee Information Project Valuation Conditional Use Permit 250.00 Public Hearing Notice Fee 200.00 Total Fees Paid $450.00 Print Name Date Issued: Signature Date 117-53 Issued By: rz CITY Of CONDITIONAL USE PERMIT REX City of Rexburg America' Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit Type Conditional Use Permit Site Address 522 LINDEN AVE Project Description Permit # 0600558 Project Name Powell Subdivision CUPs Parcel # RPROPOW0073200, RPROPOW0041130, RPROPOW0042090, RPROPOW0061820, RPROPOW0062520, RPROPOW0063980, RPROPOW0063730, RPROPOW0083650, RPROPOW0030560, RPROPOW0081010, RPROPOW0081490, RPROPOW0090260, RPROPOW0090970, RPROPOW0091450 Conditions 1. Trash receptacles shall not be visible form the public right -of -way or adjacent property. 2. Sidewalks shall be installed and maintained to City standards along all portions of the property abutting public right -of- way. Sidewalks must pass inspections performed by the City. Sidewalks shall incorporate ADA access standards where applicable, e.g. corner lot ramp access, slope, etc. 3. Parking areas of four or more spaces outside of a garage shall have landscaping adequate to screen all but two of the spaces from the right -of -way and adjacent properties. Print Name Signature Date Date Issued: Issued By: o F RBVR ''I d CITY OF CONDITIONAL USE PERMIT "» REX City of Rexburg Americas Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit # 0600558 Permit Type Conditional Use Permit Project Name Powell Subdivision CUPS Site Address 522 LINDEN AVE Project Description Conditions Parcel # RPROPOW0073200, RPROPOW0041130, RPROPOW0042090, RPROPOW0061820, RPROPOW0062520, RPROPOW0063980, RPROPOW0063730, RPROPOW0083650, RPROPOW0030560, RPROPOW0081010, RPROPOW0081490, RPROPOW0090260, RPROPOW0090970, RPROPOW0091450 4. Existing lots less than 10,000 square feet shall not through any lot line adjustment or other land transfer or dedication decrease their current lot size. Those that are over 10,000 square feet shall not decrease their lot sizes below 10,000 square feet through any lot line adjustment, land transfer, or dedication. Should the City standards regarding minimum lot sizes for duplexes be modified in the future to allow for less than 10,000 square feet, then this condition shall follow that standard. 5. Because Life Safety Inspections were not obtained per Ordinance 851, the properties located at 475 Linden Avenue and 75 Oak, shall fulfill and comply with all Life Safety requirements as determined by the Building Official for the City of Rexburg for the structural use as a two -unit dwelling or duplex. 6. The properties shall comply with Article 6.1313 of Ordinance 926 regarding Conditional Use Permits. Print Name 11O 1 Signature ! Date 3 Date Issued: Issued By: r CITY OF CONDITIONAL USE PERMIT ° REXB City of Rexburg Amzricas Family Community Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit Type Conditional Use Permit Site Address 522 LINDEN AVE Project Description Permit # 0600558 Project Name Powell Subdivision CUPS Parcel # RPROPOW0073200, RPROPOW0041130, RPROPOW0042090, RPROPOW0061820, RPROPOW0062520, RPROPOW0063980, RPROPOW0063730, RPROPOW0083650, RPROPOW0030560, RPROPOW0081010, RPROPOW0081490, RPROPOW0090260, RPROPOW0090970, RPROPOW0091450 Conditions 7. Both units shall have their own waste receptacles for trash service. Print Nam Date Issued: Signature - . __ — Date Issued By: Page 1 of 1 Blair Kay From: Gary Leikness Sent: Thursday, November 16, 2006 1:06 PM To: Cheryl Graham Cc: Emily Abe; Blair Kay Subject: Powell CUPs Cheryl, We have identified 18 potential candidates for the Powell CUP hearing. Of the 18 we have received 9 applications. The following individuals have not yet submitted their applications: Richard Ferguson Don Hammer (need site plan as well) Ralph Thompson (need site plan as well) Aaron Romney Garry Smith Steve Parkinson Charles Mickelsen (need site plan as well) Jeffery Allen ETUX Dennis Warr (need site plan as well. I have contacted him) I hope the above list helps you. If you would, we need these applications in by Monday, November 21, 2006 in order to prepare for notifications and mapping efforts. We are shooting for the first Thursday in January for the Planning Commission meeting. That is not a firm date yet. Please forward this information to Suzie Tatum, I didn't have her e-mail address. Sincerely, Gary Leikness 359 -3020 ext 314 From: Cheryl Graham [mailto:grahcr @cableone.net] Sent: Wednesday, November 08, 2006 6:55 PM To: Gary Leikness Subject: duplexes Gary, Thanks for the E -Mail. The reason Ralph Thompson and I came up with different numbers is he counted families. In the non -owner occupied houses he counted them as two families. Out of that list I checked with the last owner that probably did not have an inspection and that is Don Hammar's apartment. They have had that apartment since 1973. What should they do now? Thanks, Cheryl 11/16/2006 Stephen T. Parkinson Paul & Kathey LaFollette Aaron Romney 76 Birch Ave. 106 Birch Ave. 53 Millhollow Rd. Rexburg, ID 83440 Rexburg, ID 83440 Rexburg, ID 83440 Jeanene B. Hensley Harvest Home, LLC Josh Clark 130 Elm Ave. 1292 Meadowview Ave 431 E2 nd S Rexburg, ID 83440 Rexburg, ID 83440 Rexburg, ID 83440 Michael & Susan Tatum Dana & Eric Izatt Frances Keele 522 Linden Ave 531 Linden Ave. 484 Maple Dr. Rexburg, ID 83440 Rexburg, ID 83440 Rexburg, ID 83440 Charles Mickelsen Donald Hammar Edward Malstrom 75 Oak Ave. 475 Linden Ave. 525 Maple Dr. Rexburg, ID 83440 Rexburg, ID 83440 Rexburg, ID 83440 Terry Madsen Richard Ferguson 535 Maple Dr. 545 Maple Dr. Rexburg, ID 83440 Rexburg, ID 83440 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 gBXBVR f7 uU� o CITY O F RE?ZBURG America's Family Community Powell Subdivision Conditional Use Permits By November 29, 2006, property owners in the Powell Subdivision had presented to the Rexburg Planning & Zoning Coordinator 14 Requests and Applications for Conditional Use Permits for two family dwellings in houses located at 76 Birch, 106 Birch, 430 Linden, 130 Elm, 415 East 2 nd South, 431 East 2nd South, 522 Linden, 531 Linden, 484 Maple, 75 Oak, 475 Linden, 525 Maple, 535 Maple, and 545 Maple. 2. On December 14, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for December 19, 2006, and December 30, 2006. Notices were posted in the subdivision and sent to all property owners within 300 feet of the above mentioned properties. 3. On January 4, 2007, Gary Leikness presented to the Planning & Zoning Commission for the City of Rexburg the Requests for a Conditional Use Permits for two family dwellings in houses located at the above mentioned addresses. Charles Andersen motioned to approve the Conditional Use Permits for the Powell Subdivision as shown in Exhibit A of the staff report, with the following conditions: 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible form the public right -of -way or adjacent property. 3. Sidewalks shall be installed and maintained to City standards along all portions of the property abutting public right -of -way. Sidewalks must pass inspections performed by the City. Sidewalks shall incorporate ADA access standards where applicable, e.g. corner lot ramp access, slope, etc. 4. Parking areas of four or more spaces outside of a garage shall have landscaping adequate to screen all but two of the spaces from the right -of -way and adjacent properties. 5. Existing lots less than 10,000 square feet shall not through any lot line adjustment or other land transfer or dedication decrease their current lot size. Those that are over 10,000 square feet shall not decrease their lot sizes below 10,000 square feet through any lot line adjustment, land transfer, or dedication. Should the City standards regarding minimum lot sizes for duplexes be modified in the future to allow for less than 10,000 square feet, then this condition shall follow that standard. 6. Because Life Safety Inspections were not obtained per Ordinance 851, the properties located at 475 Linden Avenue and 75 Oak, shall fulfill and comply with all Life Safety requirements as determined by the Building Official for the City of Rexburg for the structural use as a two -unit dwelling or duplex. 0 0 Dan Hanna seconded the motion. Charles Andersen amended his motion to include that the properties shall comply with Article 6.13B of Ordinance 926 regarding Conditional Use Permits. Dan Hanna seconded. None opposed. Motion carried. Ell • • 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, January 04, 2007, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding "multiple Conditional Use Permits" for apartments in some of the homes in the Powell Addition and the Mickelsen Addition to the City of Rexburg, Madison County, Idaho. The properties are currently zoned Low Density Residential One (LDR2). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005 The said parcels are located on Birch Avenue, linden Avenue, Elm Avenue, Oak Avenue, East 2nd South, and Maple Avenue in Rexburg, Madison County, Idaho, and more particularly described as follows: Parcel #1 76 Birch Ave Deed # 166428 Powell Addition South 59.5 feet Lot #2 North 20.5 feet of Lot #3 Block 4 Par #2 106 Birch Ave Deed # 271363 Commencing at a point 94 feet north of the southeast comer of lot 7, block 4 of the Powell Modification Plat of a portion of the Rigby Addition, to the city of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 93 feet; thence north 80 feet; thence east 93 feet; thence south 80 feet to the point of beginning. Parcel #3 430 Linden Ave Deed # 256210 Lot 18 Block 6 Powell Subdivision Parcel #4 130 Elm Ave Deed # 241680 Commencing at the Southeast corner of Lot 3 in Block 6 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Division No. 2, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof; and running thence South 90 feet; thence West 121 feet; thence North 90 feet: thence East 121 feet to the point of beginning. Parcel #5 415 E.2 Deed # 330243 Commencing at the Southwest corner of Block 6 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Division No. 2, Madison County, Idaho, as per the recorded plat thereof, and running thence North 75 feet; thence East 121 feet; thence South 75 feet; thence West 121 feet to the point of beginning. Parcel #6 431 E. 2 nd S. Deed # 314581 Commencing at the southeast corner of lot 4, block 6 of the Powell Modification Plat of a portion of the Rigby addition to the city of Rexburg, Division II, Madison County, Idaho, as shown on the recorded plat thereof, and running thence north 75 feet; thence west 121 feet; thence south 75 feet; thence east 121 feet to the point of beginning. Parcel #7 522 Linden Ave Deed # 230099 Commencing at a point 165 feet North of the Southeast corner of Lot 4 in Block 7 of the Powell Modification Plat, Division II, of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 121 feet; thence North 88 feet; thence East 121 feet; thence South 88 feet to the point of beginning. Parcel #8 531 Linden Ave Deed # 287260 Commencing at a point 94 feet North of the Southwest corner of Block 8 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Subdivision #2, Madison County, Idaho, as per the recorded plat thereof, and running thence North 86 feet; thence East 114.5 feet, thence South 86 feet; thence West 114.5 feet to the point of beginning. Also known as Lot 13, Block 8 of the Powell Modification of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof. Parcel #9 484 Maple Dr. Deed # 175349 Lot 1 Block 3 Powell Addition Parcel #10 75 Oak Deed # 309565 Commencing at a point on a curve located on the West side of Maple Drive, which point is located 846.37 feet North and 76.71 feet West of the SE corner of Block 8 of the Powell Modification plat of a portion of the Rigby Addition to the City of Rexburg, Division No. 2, Madison County, Idaho, as shown on the recorded plat thereof, and running thence S. 33 °50'06" W. 131.60 feet; thence N. 62° 15'25" W. 86.78 feet to a point on the East side of Oak Avenue; thence Northeasterly around a curve to the left with a radius of 7 10. 0 feet, a distance of 110.18 feet; thence Northeasterly around a curve to the right with a radius of 30.0 feet, a distance of 52.36 feet; thence Southeasterly along a curve to the right with a radius of 273.61 feet, a distance of 81.28 feet to the Point of Beginning. Parcel #11 475 Linden Ave. Deed # 157565 Beginning at a point that is North 524.0 feet from the Southwest corner of block 8 of the Powell Modification Plat of portion of the Rigby Addition to the City of Rexburg Division II located in Section 29, T. 6N., R. 40E., B.M., Madison County, Idaho, and going thence N. 83 °01'44 "E. 115.35 feet; thence North 96.0 feet; thence North 19 °W. 56.10 feet; thence S. 63'07'14"W. 141.11 feet; thence Southeasterly 105.04 feet along a curve concave to the Southwest having a radius of 181.0 feet to the point of beginning. Contains .37 acres more or less. Parcel #12 525 Maple Drive Deed # 134726 Commencing at a point 58.02 feet South and 16.03 feet East of the Northeast corner of Block 9 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, in Madison County, Idaho, Division 11, as per the recorded plat thereof, and going thence Southeasterly around a curve to the left with a radius of 720.0 feet, a distance of 100.43 feet; thence Southeasterly around a curve to the right with a radius of 680.0 feet, a distance of 99.57 feet to a point on said curve, the tangent of which bears N. 17 °25'38" W., thence So. 77 °26'28" West 136.77 feet; thence Northwesterly around a curve to the left with a radius of 323.61 feet, a distance of 75.61 feet; thence North 34 °23'50" East 189.92 feet to the point of beginning. Parcel #13 535 Maple Drive Deed # 323015 Commencing at a point 243.45 feet South and 113.99 feet East, more or less, from the NE comer of Block 9 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, Division II, as per the official plat thereof, said point being on the Westerly right of way of Mill Hollow Road and running thence Southeasterly around a curve x • • to the right with a radius of 680.0 feet, a distance of 108.22 feet, to a point on said curve a tangent of which is N. 8 °18'31" W., thence S. 89 °26'58" W. 121.78 feet; thence Northwesterly around a curve to the left with a radius of 323.61 feet, a distance of 85.0 feet; thence N. 77 0 26'28" E. 136.77 feet to the Point of Beginning. Parcel 545 Maple Drive Deed # 291511 Commencing at a point that is 590.0 feet North of the Southwest comer of Block 9 of the Powell Modification Plat, Division H of a portion of the Rigby Addition to the City of Rexburg, Madison County; Idaho as shown on the plat recorded March 19, 1965, as Instrument No. 126293; and running thence North 66.39 feet; thence Northwesterly around a curve to the left with a delta angle of 60 °59'49" and a radius of 323.61 feet and a distance of 13.61 feet; thence East 114.15 feet; thence Southeasterly around a curve to the right with a delta angle of 25 °49' and a radius of 680.0 feet a distance of 13.61 feet; thence South 66.39 feet; thence West 114.0 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 January 03th, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 14th day of December, 2006. CITY OF REXBURG VORAT o4 rp . Blair D. Kay, City Clerlf- Published: December 19t", 2006 December 30 2006 0 • Certificate of Mailing City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022 of g Ex a U,q .t; ♦6 N � �9 U � CITY OF REX America's Family Community I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this day of e,(,�rY�; 2Onailed to the following parties: (See attached Mailing List) By: 0 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, January 04, 2007, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding "multiple Conditional Use Permits" for apartments in some of the homes in the Powell Addition and the Mickelsen Addition to the City of Rexburg, Madison County, Idaho. The properties are currently zoned Low Density Residential One (LDR2). The city code governing this request is ORDINANCE No. 926 "DEVELOPMENT CODE OF THE CITY OF REXBURG, IDAHO" (ADOPTED FEBRUARY 16th, 2005) and Amended June 21, 2005 The said parcels are located on Birch Avenue, Iinden Avenue, Elm Avenue, Oak Avenue, East 2nd South, and Maple Avenue in Rexburg, Madison County, Idaho, and more particularly described as follows: Parcel #1 76 Birch Ave Deed # 166428 Powell Addition South 59.5 feet Lot #2 North 20.5 feet of Lot #3 Block 4 Parcel #2 106 Birch Ave Deed # 271363 Commencing at a point 94 feet north of the southeast comer of lot 7, block 4 of the Powell Modification Plat of a portion of the Rigby Addition, to the city of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence west 93 feet; thence north 80 feet; thence east 93 feet; thence south 80 feet to the point of beginning. Parcel #3 430 Linden Ave Deed # 256210 Lot 18 Block 6 Powell Subdivision Parcel #4 130 Elm Ave Deed # 241680 Commencing at the Southeast corner of Lot 3 in Block 6 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Division No. 2, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof; and running thence South 90 feet; thence West 121 feet; thence North 90 feet: thence East 121 feet to the point of beginning. Parcel #10 75 Oak Deed # 309565 Commencing at a point on a curve located on the West side of Maple Drive, which point is located 846.37 feet North and 76.71 feet West of the SE corner of Block 8 of the Powell Modification plat of a portion of the Rigby Addition to the City of Rexburg, Division No. 2, Madison County, Idaho, as shown on the recorded plat thereof, and running thence S. 33 °50'06" W. 131.60 feet; thence N. 62° 15'25" W. 86.78 feet to a point on the East side of Oak Avenue; thence Nom' pterly around a curve to the left with a radius of 7 10. 0 feet, a distance of 110.18 feet; thence Northeasterly around a curve to the right with a radius of 30.0 feet, a distance of 52.36 feet; thence Southeasterly along a curve to the right with a radius of 273.61 feet, a distance of 81.28 feet to the Point of Beginning. Parcel #11 475 Linden Ave. Deed # 157565 Beginning at a point that is North 524.0 feet from the Southwest corner of block 8 of the Powell Modification Plat of portion of the Rigby Addition to the City of Rexburg Division 11 located in Section 29, T. 6N., R. 40E., B.M., Madison County, Idaho, and going thence N. 83 °01'44 "E. 115.35 feet; thence North 96.0 feet; thence North 19 °W. 56.10 feet; thence S. 63'07'1 4"W. 14 1. 11 feet; thence Southeasterly 105.04 feet along a curve concave to the Southwest having a radius of 181.0 feet to the point of beginning. Contains .37 acres more or less. Parcel #12 525 Maple Drive Deed # 134726 Commencing at a point 58.02 feet South and 16.03 feet East of the Northeast corner of Block 9 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, in Madison County, Idaho, Division II, as per the recorded plat thereof, and going thence Southeasterly around a curve to the 'left with a radius of 720.0 feet, a distance of 100.43 feet; thence Southeasterly around a curve to the right with a radius of 680.0 feet, a distance of 99.57 feet to a point on said curve, the tangent of which bears N. 1725'38" W., thence So. 77 °26'28" West 136.77 feet; thence Northwesterly around a curve to the left with a radius of 323.61 feet, a distance of 75.61 feet; thence North 34 °23'50" East 189.92 feet to the point of beginning. Parcel #13 535 Maple Drive Deed # 323015 Commencing at a point 243.45 feet South and 113.99 feet East, more or less, from the NE corner of Block 9 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Madison County, Idaho, Division R, as per the official plat thereof, said point being on the Westerly right of way of Mill Hollow Road and running thence Southeasterly around a curve i • to the right with a radius of 680.0 feet, a distance of 108.22 feet, to a point on said curve a tangent of which is N. 8 °18'31" W., thence S. 89 °26'58" W. 121.78 feet; thence Northwesterly around a curve to the left with a radius of 323.61 feet, a distance of 85.0 feet; thence N. 77 0 26'28" E. 136.77 feet to the Point of Beginning. Parcel #14 545 Maple Drive Deed # 291511 Commencing at a point that is 590.0 feet North of the Southwest comer of Block 9 of the Powell Modification Plat, Division H of a portion of the Rigby Addition to the City of Rexburg, Madison County; Idaho as shown on the plat recorded March 19, 1965, as Instrument No. 126293; and running thence North 66.39 feet; thence Northwesterly around a curve to the left with a delta angle of 60 °59'49" and a radius of 323.61 feet and a distance of 13.61 feet; thence East 114.15 feet; thence Southeasterly around a curve to the right with a delta angle of 25 °49' and a radius of 680.0 feet a distance of 13.61 feet; thence South 66.39 feet; thence West 114.0 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 January 03*h, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 14 day of December, 2006. . Ov ORA Tom: CITY OF REXBURG By �> Blair D. Kay, City ClerlCC— Published: December 19�, 2006 December 30 2006 oQ �vxe °$c �i f 0 7 u o May 15, 2006 Dear property owners, CITY OF REXBURG _ - - -__- cw - - - - -- America's Family Community We recently mailed you copies of your Conditional Use Permit issued in January. Since your neighborhood came in as a group seeking conditional use permits, you all were included in one permit. 522 Linden is the primary address on the permit, but each of your properties is linked as well. We understand that this has been confusing, so we have enclosed new copies with your individual address printed on your permit. We apologize for the confusion. Please call if you have any questions. Sincerely, Rexburg Planning & Zoning Department Gary Leikness Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 gary!@rexburg.org uo -- burg.org 0 December 26, 2006 e: Administrator of the Rexburg Planning Department 19 East Main Street Rexburg, Idaho 83440 Dear Sir, This letter is a reiteration of the letter I sent to your office dated 13 November, 2006. We have had an apartment in our home since we built the home over 35 years ago. The apartment has been inspected by the city several times over the years, and was approved for occupancy as recently as spring 2005. The most recent inspection occurred two years ago when some suggestions were made by the city building inspector, to remodel the apartment to exceed the city codes. We did this and were subsequently inspected twice, receiving a statement we were in full compliance with city codes and given approval to continue the rental. As far as I am concerned our apartment has been approved by the city. I believe my apartment predates the existing LDR2 code and have been under the impression that the apartment was "grandfathered" in when that zoning code was adopted. As the apartment has been in continual use for over 35 years, is rented only to a married couple attending BYUI, and is in compliance with all city codes, I expect the apartment to be grandfathered in into that code, if it has not already been so several years ago. I am also in favor of upgrading the existing zoning to LDRl, and I expect to `fgrandfathered" in to that zoning. The impact of our apartment on city services is negligible, and is much less than when we had six children living here a few years ago. We have one garbage container shared between the apartment and our home, with water and sewer demands minimal. Off street parking arrangements, landscaping and "lot size" all exceed city codes. In spite of.us having a rental unit, I am concerned about the proliferation of apartments in our neighborhood, and feel that a "saturation point" has been reached where the addition of very many new units will have serious deleterious effects on our neighborhood. I summary: First, I support a change in the zoning of our neighborhood from LDR2 to LDRI. Secondly, if this zoning change is approved, I request my rental unit be "grandfathered" into it, and thirdly, I encourage the Planning and Zoning Board to give very serious considerations in restricting the establishment of new rental units in this zoning area. Respectfully, A�R Edward Malstrom 525 Maple Drive Rexburg, Id 83440 (208) 656 - 0525