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HomeMy WebLinkAboutMINUTES - Richard & Jill Brown - 615 Angela Dr - CUP for duplexREXBURG PLANNING & ZONING August 15, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jacob Fullmer P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed the public to the meeting. This is an official meeting, however there is not a voting quorum. This meeting will conduct business and hear testimony. The Clerk will make careful note of the proceedings for review by Commissioners who are not present at this meeting. Winston apologized for the inconvenience to those with requests on the agenda. Approval of the Minutes: The minutes will be approved at the work meeting on the 29th of August for the Planning and Zoning meeting that was held on August V, 2002. Mike Ricks asked for a change to the minutes on page 6. The road width he is recommending is 30 feet for private driveways in subdivisions. Noncontroversial Items added to the agenda Ted Whyte - Asked about the meeting scheduled in the near future. The work meeting is scheduled for th 291 of August. Winston Dyer - Clarified with Stephen Zollinger the issue of continuing these public hearings to the work meeting on the 291 of August. These items can be added to the work meeting 48 hours in advance of the meeting. Therefore, necessary agenda items from the 15'h of August will be placed on the next scheduled meeting on the 29' of August. That meeting will be used to conclude the actions pending on the 15' of August agenda. Steve McGary - Concurred with the recommendation to conclude these hearings on the 29' of August. 7:05 pm Zone Change Request - 221 W. 4`h S. - Wade Webster HBD to HDR Kurt Hibbert - Reviewed the request for a zone change on the overhead screen. The property is the old Erickson Pontiac property. Rockland Apartments are to the West of this property. Ted Whyte - Declared a conflict and stepped down from the table. "Request for Conditional Use Permit -137 N 5' W - Jackie Toll Jackie Toll property was reviewed on an overhead by John Millar. They are requesting a Conditional Use Permit to build duplexes in an LDR1 zone. Mr. Williams - They are developing both parcels with 8 units per acre in duplexes. Discussion on the need for more specific information on this site. This information will be available in a Public Hearing on the site plan. John - A duplex can be done by right in LDRl. A site plan needs to be put before the Commission for review. The two parcels will be treated as one parcel. Doug made a motion to return the request to the developer to complete a Site Plan that is fully developed with adequate information, (i.e.) parking, ingress, egress, landscaping, fire protection, including the City Engineering Departments requirements before going to public hearing. Glenn seconded the motion, All voted Aye, None apposed. The motion carried." Discussion - The need to make one deed by merging two deeds together. The original request for this proposal was in the name of Jackie Toll. Winston reviewed with Kut the original request. David Hunsaker filled out the site plan check plan. Kurt Hibbert - The City Staff is still working with David to clarify site plan deficiencies. Winston Dyer - Suggested that City Staff inform Mr. Hunsaker that the site plan does not meet the requirements on the site plan check list. This site plan can be brought forward to the next meeting if the site plan complies with the check list requirements. Without a corrected site plan, this request will not be forwarded to the next agenda on August 29, 2002. Discussion on the location of the two duplexes to avoid a neighbors back yard. Two building containing eight units can be located on this property. The property is just under an acre in size. Stephen Zollinger - Up to 8 units per acre would be allowed on this site. Discussion on the size of the building and the setbacks that are required by Ordinance. The Maximum height is 30 feet for a building in LDRl zoning. Conditional Use Permit - 615 Angela Drive - Richard Brown Kurt Hibbert - Reviewed the proposal with the Commissioners. They plan to continue to rent an apartment in the home. The upstairs will be rented to a single mother and two boys and the downstairs will be rented to a married couple. Richard Brown - 115 Crestview Dr - Owner of 615 Angela Drive - He plans to sell the property as a house with an apartment after one year. There is adequate parking on both sides of the home. They are trying to come into compliance with new life safety codes. Questions of the applicant: None Staff Review - John Berry reviewed the location and found that the lot size in not large enough. However the home has been a duplex for about 20 years. Winston Dyer - He is familiar with this site and feels that this is an effort to come into compliance. Our work meeting will have discussion on converting existing homes into apartments. Because this is an existing use for this property and the neighbors are supportive of the proposal. A Mike Ricks - He is concerned with the lot size not meeting the code. Kurt Hibbert - A minimum of 10, 000 square feet is required under the new Zoning Ordinance. Winston Dyer - They have a basement apartment without a Conditional Use Permit. This is an effort to come into compliance with the City Ordinance. Stephen Zollinger - Recommends grandfathering this location because it was legally created and should not require a Conditional Use Permit. Winston Dyer - Prefers to continue the Conditional Use Permit process. Stephen Zollinger - Gave the opinion to have the property meet the life safety issues and be grandfathered under previous use. A number of apartments are being reviewed for compliance with life safety issues. A business license is required if the entire property becomes a rental. Legal Council recommended leaving this property as a rental property by previous use. Therefore, a Conditional Use Permit would not be required. Winston Dyer - He asked the Browns if they were willing to accept the grandfathered status and seek a Business license to operate a rental property. Mr. Brown agreed with that condition to seek a business license. This should be on the next meeting agenda on the 29a' of August to answer the question of the original application for a Conditional Use Permit and indicate how the request was resolved. Owner Occupied verses exclusive rentals was reviewed. Conditional Use Permit - 431.5 E. 2"d S. - Terry Silva Kurt Hibbert - Reviewed the application and indicated that it is similar to the Brown's request. A letter from the previous City Clerk indicates a grandfathered status. The life safety review has brought the Conditional Use Permit request to the table. Stephen Zollinger - The trigger for a Conditional Use Permit should be the date of the Zoning Ordinance implementation. Winston Dyer - Asked Kurt Hibbert to asked the Silvas if they were willing to accept the grandfathered status and seek a Business license if needed to operate a rental property. This should be on the next meeting agenda on the 29' of August to answer the question of the original application for a Conditional Use Permit and indicate how the request was resolved. Old Business: Kurt Hibbert - Reviewed the locations on the overhead screen that are requested to be annexed in to the City of Rexburg. A map of the proposed annexed areas will be provided to the Commission for review. Winston Dyer - Requested that future annexation proposal include tracks based on section descriptions. An example would be - a 1/4 section or the West half of a 1/4 section. The Highway 20 boundary would be a natural boundary for an annexation request. This would be more efficient that a piece here and a piece there to annex. Kurt Hibbert - Reviewed a neighborhood meeting that was held for the proposed development of the proposed Madison Coop Development. He mentioned that some private sewer systems are failing and the new systems will be controlled. REXBURG PLANNING & ZONING August 29, 2002 7:00 p.m. Chairman: Members: P.F.C. P & Z Administrator City Clerk City Attorney Winston Dyer Robert Schwartz Ted Whyte DaVawn Beattie Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley John Millar Kurt Hibbert Blair D. Kay Stephen Zollinger DaVawn Beattie made a motion to approve the minutes from August 1, 2002. Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried. Ted Whyte made a motion to approve the minutes from the 15th of August, 2002. Mike Ricks seconded the motion; Those not present on the 150' ofAugust abstained. All present at the last meeting voted aye, four who were not at the meeting abstained. Votingfor or Approval Ted Whyte Mike Ricks Steve McGary The motion carried. Abstaining from the vote Mary Haley Jerry Hastings DaVawn Beattie Robert Schwartz Mary Haley - Discussed the setbacks for sidewalks from the City right of way. She asked when the sidewalk Ordinance was adopted. June of 1996. Ted Whyte - Discussed exclusions from the ordinance. The right of way governs the effect of the Ordinance. New homes since 1996 would require a sidewalk. Discussion on some residents who would prefer to have a sidewalk located at the curb. 1 The trigger point will be up to the Planning and Zoning Administrator to send the request to a Public Hearing. The Commissioners do not want to see this request until Kurt Hibbert approves it for a hearing. Dr. Daniels — Requested notice of this property going to a Public Hearing Winston Dyer - Suggested that the Commission review the minutes from the meeting on August 15, 2002 to review the discussion on the following two properties. They are protected by prior use of the Properties. Conditional Use Permit - 615 Angela Drive - Richard Brown Conditional Use Permit - 431.5 E. 2'" S. - Terry Silva Kurt Hibbert — Although they are grandfathered by prior use before the Zoning Ordinance was adopted, there are health and safety issues that need to be addressed. They can't be grandfathered on health and safety issues. Winston Dyer - Does City Staff need a motion to clarify grandfathering? Kurt Hibbert - Reviewed a `Certificate of Acknowledgement' document that the City will provide apartment owners when they have brought their properties into compliance with health and safety requirements. Winston Dyer— Was in agreement with the process of providing the Commission paperwork showing that the City has approved the site for grandfathering of a previous use. Steve McGary— Asked if the Silvas are willing to accept the grandfathered status. Kurt said they were willing to accept the grandfathered status. Kurt Hibbert - Parking requirements can be considered a safety issue. Winston Dyer - This is an application for a conditional use permit. Robert Schwartz made a motion to acknowledge the grandfathering status of Conditional Use Permit as applied for is valid, and further stipulate that a condition of the Conditional Use Permits will be the issuance of a `Certificate of Acknowledgement' by the City indicating the properties' compliance to the health and safety requirements. Jerry Hastings seconded the motion, all vote aye, none opposed. The motion carried. Shawna Strobel request for a Variance to the 70% green space in the front yard Shawna Strobel — Reviewed her request to have a circular driveway that uses more than 30% of her front yard for a driveway. Kurt Hibbert - Reviewed the letter in the file and the request to have a variance from the 30% green space required by Ordinance. The location is East of Millhollow, road. Discussion on the 30% limit for hard surface in the front yard. AUG. 5.2002 10:40AM FIRST AMERICAN TITLE ISL. 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