HomeMy WebLinkAboutFINDINGS OF FACT - Tom Croasmun - 458 Yale - CUP for basement apartmentMarch 20, 2002
Thomas D. Croasmun
458 Yale Ave.
Rexburg, ID 83440
P.O. Box 280
12 North Center Street
Rexbura. Idaho 83440
STATE OF IDAHO Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburg@srv.net
RE: Findings of Fact on Conditional Use Permit
Dear Mr. Croasmun:
Enclosed is a copy of the Findings of Fact for your Conditional Use Permit on the property
located at 458 Yale Ave.
Yours truly,
CITY OF REXBURG
Marilyn Wasden
City Clerk
FINDINGS OF FACT
FOR
CONDITIONAL USE PERMIT
1. On February 4, 2002, Thomas D. Croasmun presented to the Rexburg City Clerk a
Request and Application for Conditional Use Permit on property located at 458 Yale
Ave., in the City of Rexburg, for the purpose of allowing an apartment in the basement
of said home.
2. On February 13, 2002, Thomas D. Croasmun appeared before the Planning & Zoning
Commission for the City of Rexburg requesting a Conditional Use Permit on his property
located at 458 Yale Ave., for the purpose of allowing an apartment in the basement of
said home. It was recommended that this request go to public hearing upon Mr.
Croasmun meeting with the City to verify parking conditions.
3. On February 20, 2002, the City Clerk sent the Notice of Public Hearing for a public
hearing before the Planning & Zoning Commission on March 13, 2002, for publication
in the local newspaper on February 25 and March 6, 2002, posted a notice on the
property and sent notices to all property owners within 300 feet of the above mentioned
property.
4. On March 13, 2002, Thomas D. Croasmun appeared before the Planning & Zoning
Commission for the City of Rexburg requesting a Conditional Use Permit on property
located at 458 Yale Ave., for the purpose of allowing an apartment in the basement of
said home. There was some opposition with regards to reducing the value of neighboring
homes, blocking the fire hydrant and parking. It was recommend by Planning & Zoning
that this request be approved for a Conditional Use Permit for an apartment in the
basement of said home allowing two cars in the garage and two cars in the driveway.
Stepheh Zollinger, City ey
PLANNING & ZONING
February 13,2002
7:00 p.m.
Chairman:
Winston Dyer
Members:
Ted Whyte
Glenn Walker
Bobette Carlson
Robert Schwartz
LaDawn Bratsman
Jacob Fullmer
Mike Ricks
P.F.C.:
John Millar
City Attorney:
Stephen Zollinger
Minutes:
Janet Williamson
Winston Dyer welcomed everyone to the meeting and excused some of the members.
Ted reported on his meeting with the new committee on sub divisions. He is gathering data from
many surrounding counties and will be prepared to report at the next P & Z meeting.
Glen asked that they discuss street lighting again and will be prepared to report at the next meeting.
Ted moved to approve the minutes. Bobette seconded the motion. All voted aye. None opposed.
Site Plan and Parking Review- Ross Farmer - 2"" E & 2"d S
John Millar explained where the property was located that is being modified and an explanation of
the plan. Ross Fanner explained his plans. There are more parking spots then the number of
students they will have. There will probably not be anymore then 20 students between the two
houses and there are 23 parking spots. John pointed out that he had not allowed for drainage and
Mr. Farmer said he would work with the City to allow for that. Robert asked what his plans were
to beautify the area.
John explained that if you look at just this one lot the parking plan covers more then what is
allowed; but, where he owns the adjacent lots there is plenty of room for landscaping, etc.
Ted moved to approve this site plan subject to city departments approval. La Dawn seconded the
motion. All aye. None opposed. Motion carried.
(Mike Ricks arrived.)
Tom Croasmum- 458 Yale - Request for Conditional Use Permit for Apartment
John reported that the proposed CUP would be to allow two living units in an existing home. On
the application it shows three parking spots and the ordinance requires 4.
Tom stated that it is not for a duplex but for a basement apartment. There are 2 parking spots in the
garage, 2 outside and one to the side. They would rent to a married couple and stipulate only 1 car.
There is an outside entrance to the basement.
Ted is not opposed to this going to public hearing but the house across the street belongs to Stones
and they were denied a CUP.
Ted moved that it go to public hearing if he meets with the city to verify the parking conditions.
Glen seconded the motion. All aye. None opposed. Motion carried.
7:30 - Public Hearing - Proposed Changes to the Comprehensive Plan
Winston Dyer made opening comments explaining exactly what was happening and a few rules of
conduct. (Remarks attached)
After a poling of the audience it was decided to take the numbered items in order of priority.
#6- 5"' West between Main St. and 2"d North
John explained that this is the area along the west side of 5' West - those lots that front on to 5"
West from the east. This would be going from single family to multi family.
Winston opened the hearing to public comment.
David Daniels - 138 K Street.
His backyard runs against the proposed change. He asked what criteria needed to be met to bring
about the change on the comprehensive plan and Winston explained. They are opposed to this
change. They have lived in their home for 2'/2 years and this is the third time they have been before
the commission for this same issue. Their concern is that a change to multi -family would open this
up for a possibility for high density with no transitional area to their single family home. When they
bought the home they asked what the zoning was and they thought the comprehensive plan would
protect them. There has not been any change in this area to justify this change on the plan. He
would hope that the comprehensive plan would protect their neighborhood. They have submitted
a letter with signed petitions against this change. They are concemed with high density bringing in
more traffic, crime, etc.
Chairman noted that written comment was submitted and the commission was reviewing it.
(Letter and petitions attached.)
PLANNING & ZONING
March 13, 2002
7:00 p.m.
Chairman:
Winston Dyer
Members:
Ladawn Bratsman
Bobbette Carlson
Ted Whyte
Robert Schwartz
Jacob Fullmer
Doug Smith
Glenn Walker
Minutes:
Natilyn Varela
P.F.C.:
John Millar
Attorney:
Stephen Zollinger
Excused:
Mike Ricks
Approval of minutes
Minutes for February 27, 2002, meeting will be approved at the next scheduled meeting.
Discussion on subdivision and plat approval for subdivisions. The Board received a letter from
Keith Steiner regarding overlay of medical buildings. Winston read a portion of an article from
the Standard Journal regarding the proposed overlay. Don Sparhawk had written a letter to the
board which ultimately caused the public hearing for the overlay to be canceled.
Mayor Sutherland was given time to speak to the board members. He thanked the members for
taking time to be on this board, he supports everything the board does and encourages all the
board members to speak their mind.
Public Hearing for Annexation and Zone Change for John Millar
John Millar explained where this parcel of property is located, the current zone and the
requested zone change. The parcel contains 1.2 acres.
Winston explained that the property is presently outside of the city limits, it is proposed to be
annexed and zoned into a multi -family zone. This property is surrounded by multi -family
zoning. Winston read a letter from Nile Lewis with regards to this zone change.
Discussion concerning roads.
Glenn made a motion to send this request to City Council with a recommendation it be approved
for zone change to Medium Density Residential (MDR). Motion was seconded by Doug. All
voted aye with the exception of a nay vote from Robert.
Motion passed.
Site Plan Review for Madison Professional Plaza for Brian Harris
John Millar explained the location of the property. Parking was constructed when subdivision
was built and it is adequate for this building.
Discussion concerning landscaping and drainage in the parking lot. Doug made a motion to
approve the site plan subject to approval from City Departments. LaDawn seconded the motion,
all voted aye.
Public Hearing for Conditional Use Permit for Thomas Croasmun
John discussed the location of his home and their desire to add an apartment for a two family
dwelling.
Duffy McFarland - 450 Yale
Duffy owns the home north of the subject property and ask for clarification of a Conditional Use
Permit. His concerns about the property is about the value of his home. There are some
concerns about parking and having the neighborhood with a lot of cars.
Val Christensen commented on the conditions like not blocking the fire hydrant and the need for
parking to be rearranged, a limit to number of cars. If this is a two family dwelling there should
only be four cars allowed to park there.
Winston read a letter from neighbors and their concerns.
Stephen Zollinger commented on the parking issues on the property. He said that two cars could
be put into a single driveway, allowing four vehicles on this property. Discussion.
Ted made a motion to approve this Conditional Use Permit allowing two cars in the garage and
two in the driveway. Doug seconded the motion. All voted aye, none opposed.
JOINT MEETING WITH REXBURG CITY COUNCIL
Attendance: Mayor
Council Member:
Bruce Sutherland
Paul Pugmire
Donna Benfield
Marsha Bjornn
Glen Pond
Shawn Larsen
Nyle Fullmer
University Parking Study
Ron Holm with Wilbur Smith Associates made a presentation on the campus parking study. In
December they looked over the parking situations, in January they completed the analysis and
now have a completed report. They displayed a map of parking on campus showing 59% of
the parking is on city streets. There are presently 9200 students on campus. They discussed a