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Home My WebLink AboutAPPLICATION - 04-00351 - 441 Maple Dr - CUP for Grandfathered DuplexL APPLICATION FOR CONDITIONAL USE PERMIT CITY OF REXBURG APPLICANT: Name Address City -- N State x OWNER: (Comple if owner not applicant) Name Address ilo3 C City - State PROPERTY COVERED BY PERMIT: Address �✓��D -�/�QR iQ.i Phone Zone Legal Description (Lot, Block, Addition, Division Number) Existing use of property: Will this have an impact on schools: 1\1 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 a 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit 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 estiniat 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? R—CV C� S p 4. If commercial, industrial, or a home occupation, what will be the hours of operation? L . ! 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? K) N 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? PA u 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? Q pr cle_5 9. Where 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? � $. ab ate-- 11. What type of equipment will be used in the conduct of the business? Non._k 12. What are the surrounding land uses? Has buffering been provided as required by the ordinance? N �} 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars ? /U 14. Will the parking lots or other outdoor areas have lighting? Q,A 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. ATTACH A PLOT PLAN AS REQUESTED BY SECTION 6 -9. Signature of Apolic,M FOR OFFICE USE ONLIY: Fee: Paid By: Check Date of Notice: — IM' , , i! Date Paid: Cash Other Hearing:. P &Z Council LN CONDITIONAL USE PERMIT PROCEDURES The City of Rexburg Zoning Ordinance designates certain land uses in each Zoning District which are allowed. These are listed in the Zoning Ordinance for each zone. The City Clerk or City engineer should be consulted if you have questions about whether your proposal will need a Conditional Use Permit. If a C.U.P. is needed, you will need to get an application from the City Clerk and fill it out for a C.U.P. You will then need to return the application and request that the City Clerk put you on the Planning Commission agenda one week prior to the meeting. The Planning & Zoning Meetings are held on the 2' and 4' Wednesday of every month at 7:00 p.m. The City Clerk will then mail to the Planning Commission the application for them to review prior to the meeting. At the meeting the board will discuss your request with you and set it for Public Hearing. You will need to pay $200.00 to the City Clerk prior to any advertising for the hearing. Prior to granting a conditional use, at least one Public Hearing shall be held to give persons an opportunity to be heard. The City Clerk will put the notice for the hearing in the paper 15 days prior to each hearing, mail a copy to all the property owners within 300 feet and post a notice on the property: After the Planning Board holds their hearing they will make a recommendation to the City Council. The City Council will take the Planning Board recommendation into consideration. If a hearing is required before the City Council they will then take into consideration oral and written testimony as well as the recommendation from the Planning Board. A decision will be made by the City Council within the time frame allowed by Section 67 -6511, Idaho Code. v, 4 N K. Randall Smith 449 Maple Drive, Rexburg, ID 83440 Telephone (208) 356 -6236 February 7, 2007 Rexburg Planning & Zoning Commission City Hall Rexburg, Idaho 83440 Re: Rezoning of Powell Addition To Whom It May Concern: During the rezoning process, it has come to our attention that a Conditional Use Permit for a duplex apartment was granted in 2004 to the owner of 441 Maple drive, Dr. Alan Jeffrey. In 2004 Dr. Jeffrey, through his father -in -law, Don Williamson, came to us about signing a permission for this conditional use so that Dr. Jeffrey and his father -in -law could live in the basement and rent the top to someone else while Dr. Jeffrey's family lived in Utah. He was trying to establish his medical practice in Rexburg at the time. He would work part of the week here and part of the week in Utah. We were told that since his lot is not large enough to qualify for a normal conditional use permit, he could only do it if we, his neighbors at 433 and 449 Maple, would sign a written permission for him to do so. We signed a permission, but only for the time period that Dr. Jeffrey owned the home and continued to work in both places. His plan was to return his family to the home in Rexburg after a period of time. This never happened and Dr. Jeffrey sold the home to the current owner who is selling the home as a duplex. It would appear that the City of Rexburg granted an unrestricted conditional use and that this would then be grandfathered in when the zoning is changed. We strongly oppose this and wish to know how we can contest the illegal granting of this conditional use permit. Except for the restricted permission that we gave as neighbors, there was no other public hearing or public notice on the granting of the permit. A permit not legally granted certainly can be rescinded by the city. We would like to have this investigated and action taken. Very Sincerely Yours, K. Ran all Smith Ray Han ck Homeowner, 449 Maple Drive Homeow er, 433 Maple Drive Gary Leikness From: Stephen Zollinger Sent: Thursday, November 06, 2008 3:29 PM To: Gary Leikness Subject: Re: 441 Maple Drive- Duplex Gary Pull the file together and we'll review on Monday. Stephen Sent from my iPhone On Nov 6, 2008, at 2:59 PM, "Gary Leikness" < garyl(@rexburg.org > wrote: > Stephen, > I received a letter dated Feb 7, 2007 (see attached letter) which > requested that the City rescind a conditional use permit granted to > owners of the property for the use of the structure as a duplex. The > basis for their request is that the permit should be rescinded on the > grounds that proper protocol for issuing a CUP for the property was > never followed. Specifically, there was no public hearing held. > I've looked into this when the request first came in and found that > there was no public hearing held, and that in fact, Kurt Hibbert sig > ned the CUP. > At the time, I told the neighbors that I couldn't rescind the CUP as > it had been issued by the City regardless of who signed. The issue has > come up again recently. I believe the house is under foreclosure and > is for sale. I have a copy of the original letter in my office if you > like to see a copy. > I feel that we should probably rescind the blanket CUP as there was no > hearing held. The lot really is too small for a duplex (technically as > well as in reality) and the interior is pretty small too. Based on the > request I received, apparently there was some informal agreement > between neighbors for the temporary use of the structure as a duplex, > but no hearing. > Please let me know what you think. I am willing to draft a letter to > the current owners if you think we can do this. I think Kurt was just > trying to grandfather the structure, not circumvent the process, at > least that is what I'm inclined to believe. > Sincerely, > Gary > ------------------------------- > Gary Leikness > P &Z Administrator > 19 E Main > PO Box 280 > Rexburg, Idaho 83440 1 > E -mail- garyl (@rexburg.org > Phone- (208)359 -3020 Ext. 314 > --------------------------- - - - - -- > <20081106152856329.tif> o CITY OF CONDITIONAL USE PERMIT ay REXBLUG 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 # 0400351 Permit Type Conditional Use Permit Project Name CUP Duplex Site Address 441 MAPLE DR Parcel # RPROPOW0020130 Project Description - Names Associated with this Project Type Name Applicant Jeffrey Allan Etux Owner Jeffrey Allan Etux Fee Information Project Valuation Conditional Use Permit 250.00 Total Fees Paid $250.00 Contact Phone # License # Exp Date Conditions 1. Grandfathered conforming use as per the 1968 ordinance 2. Parking provided as per ordinance - three stalls 3. Documentation from neighbors in file * ** SEE ATTACHED CnNDIYTaA.c * ** Print Name v L _ ; Signature Date" Date Issued: 09/27/2004 Issued By: CATHYW I, �( r K the undersigned, live at 449 Maple Drive Rexburg, Id. I am the neighbor to the West of the Jeffery's who live at 441 Maple Drive. I am aware that the house has been a multi family rental in the past, that it has been rented in the past, and am not oppossed to it being rented now. To the best of my knowledge it has been in continuous occupation since at least 1990. Thank you for your time and efforts I eaj B, NR k th undersigned, live at 433 Maple Drive Rexburg, Id. I am the neighbor to the East of the Jeffery's who live at 441 Maple Drive. I am aware that the house has been a multi family rental in the past, that it has been rented in the past, and am not oppossed to it being rented now. To the best of my knowledge it has been in continuous occupation since at least 1990. Than you for your time and effo rts 3, -�117