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HomeMy WebLinkAboutSTAFF REVIEWS - 14-00241 - John & Kathleen Cook - CUP for DuplexCommunity Development Department STAFF REPORT 35 North 10 East Rexburg, ID 83440 SUBJECT: APPLICANT: PROPERTY OWNER: PURPOSE: PROPERTY LOCATION: PROPERTYID COMPREHENSIVE PLAN jONING DISTRICT: APPLICABLE CRITERIA: valc@rexburg.org Phone: 208.359.3020 www.rexburg.org Fax: 208.359.3022 CITY OF REXBURG --- ew —._.. _ Amerir4 Family Coom miir,, Conditional Use Permit (CUP) application, file #14 00241 John & Kathleen Cook 5977 Cougar Lane Santa Rosa, CA Same as Applicant Requesting a Conditional Use Permit to allow a duplex in an existing home 471 West lstNorth Rexburg, ID 83440 RPRPRRXB10280191. RPRRXB10280161 Low -Moderate Density Residential Low Density Residential 2 City of Rexburg Development Code (Ordinance Code 1026) — § 6.12 Conditional Use Permits AUTHORITY § 6.12 (F) (7) "All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council... " I. BACKGROUND The property is currently a noncompliant duplex. The owner is new and wants to bring the use up to compliance. II. SITE DESCRIPTION The project is located at 471 West 1s` North. The two lots requested for the CUP combined are approximately 16,681 sq. 8. Case No. 14 00241 Page 1 I11. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria are followed by staff s analysis. A conditional use will: a. Constitute a conditional use as established in Table], Zoning Districts, Table 2, Land Use Schedule. A CUP is required for a duplex in the Low Density Residential 2 (LDR2) zone. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of the City of Rexburg Development Code. Comprehensive Plan The Comprehensive Plan Map identifies the area as "Low to Moderate Density Residential". The use is in accordance with the Comprehensive Plan. Development Code (Ordinance 1026) Duplexes are allowed with a Conditional Use Permit as per the City of Rexburg Development Code Section 3.5.020. 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 applicant is not changing the appearance of the structure. The four parking spaces required for a duplex can be achieved by counting two spaces in a double car garage and the two spaces in front of the garage. 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, noise, vibration, odors: Adherence to City standards should prevent these impacts from becoming a nuisance. 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 City Engineer did not have concerns about this project. Case No. 14 00241 Page 2 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. The City Engineer did not have concerns about this project. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. Staff does not believe buffering is needed. 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. N/A i. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. N/A IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed conditional use permit can be approved with the following conditions: 1. The two parcels to be combined. 2. The applicant to pull a permit to change the existing use of the home to a duplex. Case No. 14 00241 Page 3 Community Development Department Planning & Zoning City of Rexburg 35 North l st East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Public Works Staff Review Comments Conditional Use Permit Application File #14 00241 —John & Kathleen Cook — 471 West 1s` North Requesting a Conditional Use Permit to a duplex in an existing home. Property Location: 471 West 1" North J`HFx6Ugt. G_ The CUP application request was reviewed. There were no Public Works concerns. < I I 1 O F REXBUR__CIW _G_ Amoica's AnInlly Community Community Development Department Planning & Zoning City of Rexburg 35 North Ist East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Fire Department Staff Review Comments Conditional Use Permit Application File #14 00241 --John & Kathleen Cook — 471 West 1s` North Requesting a Conditional Use Permit to allow a duplex in an existing home Property Location: 471 West 1" North The CUP application request was reviewed. There were no Fire Department concerns. CITY OF REXBURG CW Americo Family Commmnq