HomeMy WebLinkAboutCUP & DOCS - 06-00593 - 210 W 2nd N - CUP for Duplex` � o � gEXBUR
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CITY OP
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America's Family Community
Conditional Use Permit
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Fee(s) Paid: Yes /No CUP: $250.00
Publication: $200.00
Applicant
Name: bnodie &,m,' Address: C?10 zie &/-Z6
City: -12P x6te�t a State: -TA Phone:( 0 0 S'O - F �l"O
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Owner (Complete if owner not applicant)
Name: Address: OL_�__
City: State: Phone:
Property Covered by Permit:
Address: o? /D Oe3l LN.d &ea ook Zone:
Legal Description (Lot, Block, Addition, Division Number)
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Existing use of property:
Will this have an impact on schools: ��f2
Nature of Request (Briefly explain the proposed use)
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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 p month? Will pretreatment be necessary?
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3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial
trucks? X 0nLYA lk_ekkf/P1`
4. If commercial, industrial, or a home occupation, what will be the hours of operation? /V
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-
family for yo ung families, singles and couples, or elderly? Z -u h j_s
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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 of noise that will be generated by the use? What are the hours of noise generation?
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11. What type of equipment will be used in the conduct of the business? �/
12. What are the snr�gunding land uses? Has buffering been provided as required by the ordinance?
13. Are any air qua4ty 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
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15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For
commer5i�j uses, where are the loading docks? Is there sufficient space for truck parking?
16. If 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?
IN.
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
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RECEIVED
DE"" -- 2006
CITY OF REXBURG
Order N0. :3040616404TD
FOR VALUE RECEIVED
Read, Approvedp
And c -Pte
WARRANTY DEED --
The Estate of Camille Joy Janson Wylie aka Cainelle Wylie aka Camille J. Wylie, deceased
the grantor(s), d'o(es) hereby grant, bargain, sell and convey unto
:Brodie Hanni and Ashley Elanni, Husband and Wife
whose current address is
210 'West 2nd North Rexburg, ID 83440
the grantee(s), the following described premises, in Madison County, Idaho, TO WIT:
Commencing at the Southeast corner of Lot 4 in Block 12 of Original Rexburg Townsite, of the Cite
of Rexburg, Madison, County, Idaho, as per the recorded plat thereof, and running then ce West p point of
127.5 feet; thence North 82.5 feet; thence East 127.5 feet; thence South 82.5 feet to the of V
beginning.
TO HAVE AND TO HOLD the said premises, with their appurtenances . unto the said Grantee , heirs and assig n
forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s he is /are
fee sn P Current Year Taxes, conditions,
of said premises; that they are free from all encumbrances Except: Curr
covenants, restrictions, reservations, easements, rights and rights of way, a apparent ) onditions,
the owners) in
pp ent or of record. '
And that (s)he will warrant and defend the same from all lawful claims whatsoever.
Dated:
The Estate of Camelle Wylie aka Camille J. Wylie,
deceased
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Planning and Zoning Department
STAFF REPORT
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CITY O
REXBURG
Anaerira's%mflyCommunity
12 North Center garyl @rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
SUBJECT: Conditional Use Permit, file # 06 00593
APPLICANT: Brodie Hanni
210 West 2 nd North
Rexburg, ID 83440
PROPERTY OWNER: Same
PURPOSE: Request to operate a two - family dwelling unit.
PROPERTY LOCATION: 210 West 2nd North
Rexburg, ID 83440
PROPERTY ID: RPRRXB 10125291
COMPREHENSIVE PLAN: Low - Moderate Residential Density
ZONING DISTRICT: Low Density Residential 2 (LDR2)
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§ 5.8 Required Number of Parking Spaces
§ 6.13 Conditional Use Permits
AUTHORITY § 6.13 (F)(7) "The Planning and Zoning Commission may, without
approval of the Council, grant the following conditional use permits:... (7)Permits for developments with four
or less dwelling units... "
I. BACKGROUND
The applicant submitted a request that the City grant a conditional use permit to rent the basement
apartment of an existing single - family home, which land use is classified as a two- family dwelling in
the City's Development Code. The Rexburg Development code allows two - family dwellings within
the LDR2 zone, subject to obtaining a conditional use permit.
Conditional use permits are permitted uses within a zone but are uses that may have special
circumstances which require the City to consider and either approve, deny, or approve with
conditions. Any conditions of approval should seek to minimize or eliminate potential impacts a
proposal or use may have on its surroundings.
Case No. 06 00593
Page 1
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II. SITE DESCRIPTION
Located at the intersection of two local streets, Linden Avenue and Oak Avenue, the subject property
is within an existing neighborhood platted and known as the Powell Subdivision The subject
property is a 10,519 square foot lot (0.24 acres). The property currently has one road access point on
to 2nd South and is proposed to have two access point with the additional point on to 2nd W (see
applicant's submitted site plan).
The surrounding neighborhood is residential with commercial and industrial uses and zoning to the
east and south..
III. ANALYSIS
The following are the criteria for granting a conditional use permit. Some of the criteria is followed
by staff's analysis. A conditional use will:
a. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use
Schedule.
A two - family unit is listed as a conditional use within the LDR2 zoning district, therefore, this
criterion is met.
b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the
regulations of this Ordinance.
The City's comprehensive plan has designated the subject property as Low - Moderate Residential
Density. The zoning district of LDR2 is in compliance with the comprehensive plan designation,
therefore this criterion is met.
c. Be designed and constructed in a manner to be harmonious with the existing character of the
neighborhood and the zone in which the property is located.
The structure is an existing single family home and therefore its design and construction is
harmonious with the character of the neighborhood. No proposed expansions or visible
alterations are being proposed. This criterion is therefore met.
d. Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise
or vibration, improperly directed glare or heat, electrical interference, odors, dust or air
pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic
generation, or interference with pedestrian traffic.
Regarding glare, heat, electrical interference, dust, air pollutants, there are foreseeable impacts to
the neighborhood.
Regarding noise, vibration, odors, these are prospective standards, the commission should
explore these standards and determine if reasonable conditions of approval might address them.
Regarding solid waste generation and storage, excessive traffic generation, or interference with
pedestrian traffic, the Commission should determine if these standards can be addressed through
reasonable conditions of approval.
Solid waste generation and storage- Likely, solid waste will double if the unit operates as
a two -unit dwelling therefore, staff recommends as a conditional of approval, that both units have
their own waste receptacles for trash service. To decrease visual impacts of the receptacles, staff
recommends located them so that neither receptacle is visible form the pubic right -of -way, or
adjacent property.
Case No. 06 00593
Page 2
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The City recognizes that trip generation for a single family home is 10 trips per day, that
is leaving one's home and returning, as two trips. A two - family dwelling generates 8 trips per
day, per unit, or 16 trips per day total. The Commission should determine if this constitutes
excessive traffic for the area, which is comprised of local residential streets. The Commission
could limit the number of vehicle on site as a way to ensure that the impacts of a two - family unit
does not detract from the ambiance of the surrounding neighborhood, or interfere with
pedestrians. Furthermore, a two - family dwelling will generate greater pedestrian activity in a area
with sidewalks in front of most properties, therefore staff recommends a condition of approval to
require sidewalk completion along 2nd north to be installed to City standards.
The Commission should determine if through reasonable conditions of approval this criterion can
be met.
e. Be adequately served by essential public facilities and services such as access streets, police
and fire protection, drainage structures, refuse disposal, water and sewer service, and schools.
If existing facilities are not adequate, the developer shall show that such facilities shall be
upgraded sufficiently to serve the proposed use.
The site is served by all essential public facilities and services; therefore, this criterion is met.
f. Not generate traffic in excess of the capacity of public streets or access points serving the
proposed use and will assure adequate visibility at traffic access points.
As mentioned in the criterion D, above, a two - family dwelling will generate approximately 16
trips per day, versus 10 trips per day for single family homes. The local resiedential streets
serving the property are paved, two -way local streets (50 -foot paved street). The Commission
should determine if the increase in traffic generation exceeds the capacity of the public streets.
The Commission should also determine if locations of driveways and parking areas are adequate
and do not obstruct visibility at traffic access points.
The Commission should determine if through reasonable conditions of approval this criterion can
be met.
g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building
size and resulting shadow, traffic, and parking.
The Commission should explore this criterion and identify any impacts and determine if they can
be minimized or eliminated through reasonable conditions of approval.
h. Be compatible with the slope of the site and the capacity of the soils and will not be in an area
of natural hazards unless suitably designed to protect lives and property.
Not applicable
i. Not result in the destruction, loss or damage of a historic feature of significance to the
community of Rexburg.
Not applicable
IV. STAFF RECOMMENDATION
Staff recommends that the Commission take public testimony, and determine if the proposed
conditional use permit can be approved, denied, or approved with conditions. Staff has proposed
some conditions of approval should the Commission choose to approve with conditions.
Case No. 06 00593
Page 3
Proposed Conditions of Approval
1. Both units shall have their own waste receptacles for trash service.
2. Trash receptacles shall not be visible form the pubic right -of -way, or adjacent property. Trash
receptacles shall be placed inside the garage on days of no trash service for the site.
3. Sidewalks shall be installed to City standards along all portions of the property abutting public right -
of -way.
4. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to
the use as a duplex.
Case No. 06 00593 Page 4
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Planning & Zoning
Department
19 E. Main Phone: 208.359.3020 x334
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
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CITY OF
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Americas Family Community
Conditional Use Permit
Brodie Hanni having come before the Rexburg Planning & Zoning Commission on January 18, 2007, for the
purpose of obtaining a Conditional Use Permit for the use of a two- family dwelling or duplex at 210 West 2nd
North. 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. Trash receptacles
shall be placed inside the garage on days of no trash service for the site.
3. Sidewalks shall be installed to City standards along all portions of the property abutting public right -of -way.
4. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to the
use as a duplex. - --
5. The property must meet the setback requirements for their paved driveways
6. The property must conform to Article 6.13B of Ordinance 926 regarding Conditional Use Permits.
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 � day of January, 2007
Planning & Zoning Co mission Chairman
M
CITY o F CONDITIONAL USE PERMIT
REXBURG City of Rexburg
Atnenca$F 'CominwiRy Department of Community Development
19 E. Main St. / Rexburg, ID. 83440
Phone (208) 359 -3020 / Fax (208) 359 -3022
Project Information
Permit #
0600593
Permit Type Conditional Use Permit
Project Name
Brodie Hanni - CUP
Site Address 210 W 2ND N
Parcel #
RPRRXB 10125291
Project Description
Names Associated with this Project
Type Name
Contact Phone #
License # Exp Date
Fee Information
Project Valuation
Conditional Use Permit
250.00
Public Hearing Notice Fee
200.00
Total Fees Paid
$450.00
* ** SEE ATTACHED CONDITIONS * **
Print Name f 6t byl D
r
Date Issued: 01/24/2007
Signature ���—
Date
Issued By: EMILYA
�
CITY OF
RE XB URG
Amvlca' Family Community
CONDITIONAL USE PERMIT
Project Information
Permit Type Conditional Use Permit
Site Address 210 W 2ND N
Project Description
City of Rexburg
Department of Community Development
19 E. Main St. / Rexburg, ID. 83440
Phone (208) 359 -3020 / Fax (208) 359 -3022
Permit # 0600593
Project Name Brodie Hanni - CUP
Parcel # RPRRXB 10125291
Conditions
1. Trash receptacles shall not be visible from the public right -of -way or adjacent property. Trash receptacles shall be
placed inside the garage on days of no trash service for the site.
2. Sidewalks shall be installed to City standards along all portions of the property abutting public right -of -way.
3. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to the use as a
duplex.
4. The property must meet the setback requirements for their paved driveways.
5. The property must conform to Article 6.13B of Ordinance 926 regarding Conditional Use Permits.
6. Both units shall have their own waste receptacles for trash service.
Print Name
? Date Issued: 01/24/2007
Signature Date I �?!J= �� Issued By: EMILYA
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
V,EX B URC l �
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CITY OF
REX
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Americas Family Community
Brodie Hanni — 210 West 2nd North
Conditional Use Permit
1. On November 27, 2006, Brodie Hanni presented to the Rexburg Planning & Zoning
Coordinator a Request and Application for a Conditional Use Permit for two family
dwellings in a house located at 210 West 2 nd North.
2. On December 13, 2006, the City Clerk sent the Notice of Public Hearing to be published in
the local newspaper for December 30, 2006, and January 13, 2007. A notice was posted on
the property and sent to all property owners within 300 feet of the above mentioned
property.
3. On January 18, 2007, Brodie Hanni presented to the Planning & Zoning Commission for
the City of Rexburg his Request for a Conditional Use Permit for two family dwellings in a
house located at 210 West 2 nd North.
Charles Andersen motioned to approve the Conditional Use Permit for a two - family
dwelling at 210 West 2nd North with 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.
Trash receptacles shall be placed inside the garage on days of no trash service for the
site.
3. Sidewalks shall be installed to City standards along all portions of the property abutting
public right -of -way.
4. An approved building permit for a two -unit dwelling shall be issued from the City of
Rexburg prior to the use as a duplex.
5. The property must meet the setback requirements for their paved driveways.
Dan Hanna seconded the motion.
Charles Andersen amended his motion in include that the property must conform to
Article 6.13B of Ordinance 926 regarding Conditional Use Permits. Dan Hanna seconded.
None opposed. Motion carried.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning
Commission of the City of Rexburg, Idaho, Thursday, January 18, 2007, at 7:40 p.m., in the City
Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Conditional
Use Permit (06 00593) for an apartment in a home at 210 West 2nd North, Rexburg, Idaho. The
property is 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 parcel is located at 210 West 2nd North in Rexburg, Madison County, Idaho, and more
particularly described as follows:
RPRRXB10125291: Commencing at the Southeast corner of Lot 4 in Block 12 of Original Rexburg
Townsite, of the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof and
running thence West 127.5 feet; thence North 82.5 feet; thence East 127.5 feet; thence South 82.5
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 17 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all
amendments thereof.
DATED this 13th day of December, 2006.
CITY OF REXBURG
OItPOR
i�����F O'Fu1 `0�� By Blair D. Kay, City Clerk
Published: December 30th, 2006
January 13 2007
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