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HomeMy WebLinkAboutFINDINGS OF FACT - Mary Lee Hill - 113 S 3rd E - CUP for duplexFINDINGS OF FACT FOR CONDITIONAL USE PERMIT 1. On June 18t', 2002, Mary Lee Hill, on behalf of owners Thomas & Gerry Huffinan, presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to come into compliance with the 2 unit rental they own at 113 S. 3`d E. in the City of Rexburg. (Letter from Thomas Huffman on file.) 2. On June 20", 2002, Mary Lee Hill, representing the Huffmans, appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for property at 113 South 3'd East that is currently being used as a 2 unit rental and needs to be in compliance with the City Zoning Ordinance. It was recommended that this request should go to public hearing. 3. On July Is', 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 3m and July 12', 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On July 18", 2002, Mary Lee Hill, representing Thomas & Gerry Huffman, appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit on property located at 113 S. 3`d E. There was opposition from some neighbors desirous of maintaining a strong single family neighborhood. The Commission reviewed the definition of family and conditions set forth in the Zoning Ordinance. A motion was made and passed to approve the request for a Conditional Use Permit with Staff approval and with the following conditions; (Rexburg Zoning Ordinance, page 53): 4) 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. (6) 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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. 5. This matter was appealed. Appeal denied. Stephen ollinger, City AttTmey FINDINGS OF FACT FOR CONDITIONAL USE PERMIT 1. On June 18'h, 2002, Mary Lee Hill, on behalf of owners Thomas & Gerry Huffman, presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to come into compliance with the 2 unit rental they own at 113 S. Yd E. in the City of Rexburg. (Letter from Thomas Huffman on file.) 2. On June 26h, 2002, Mary Lee Hill, representing the Huffmans, appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for property at 113 South 3`d East that is currently being used as a 2 unit rental and needs to be in compliance with the City Zoning Ordinance. It was recommended that this request should go to public hearing. 3. On July Is" 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July Yd and July 12`h, 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On July 18'h, 2002, Mary Lee Hill, representing Thomas & Gerry Huffman, appeared before the Planning & Zoning Commission for the City of Rexburg requestin Conditional Use Permit on property located at 113 S. 3rd g a E. There was opposition from some neighbors desirous of maintaining a strong single family neighborhood. The finition of family and conditions set forth in the Zoning Commission reviewed the de Ordinance. A motion was made and passed to approve the request for a Conditional Use Permit with Staff approval and with the following conditions; (Rexburg Zoning Ordinance, page 53): 4) 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. (6) 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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Steph n Zollinger, Cit ttorney REXBURG PLANNING & ZONING June 26, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte - Excused DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley - Excused Jacob Fullmer - Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed the community members to the meeting. He recognized Bobette and LaDawn for their distinguished and faithful service to the Commission. Winston Dyer welcomed new Commission members Jerry Hastings and Mary Haley. Mary and Robert were excused from the meeting. Approval of the Minutes: Glenn Walker made a motion to approve the minutes of June 12, 2002. Steve McGary seconded the motion. All voted aye, None opposed. The motion carried. Noncontroversial Items: Glenn Walker thanked the City for E -mailing the minutes to Commission members. The new Planning and Zoning meeting schedule was reviewed for the members. The new schedule will be the first and third Thursdays and start Thursday July 18th. New Business: dao - Public Hearing - Conditional Use Permit -115 South 2nd West - Dennis Hebdon Kurt Hibbert - Reviewed the hand written sketch of the area and discussed the need for a fire wall on the property line. • Conditional Use Permit -113 South 3'a East - Mary Lee Hill Kurt Hibbert reviewed the permit application and the location on the overhead screen. Staff reviewed the application without concerns. Mary Lee Hill - Reviewed the application with the Commission. She requested that the Conditional Use Permit be transferable to the new owners. The house is listed for sale. Winston Dyer - The zoning is LDR1 in this area. Discussion on the permit and transferring the permit to the new owner. The public hearing would need to be set for the 181" of July. Steve McGary made a motion to move the request to public hearing, Doug Smith seconded the motion, all voted aye, none opposed. The motion carried. Conditional Use Permit - 338 East Main Street - Raymond Hill Glenn Walker excused himself due to a conflict. Raymond Hill - Requested a permit for 2 couples in a family house. It is currently zoned LDR1 which allows conditional use. Kurt Hibbert - Reviewed the site on the overhead screen. Discussion on the previous use of the property. The property will accommodate 6 cars. Doug Smith made a motion to send this request to public hearing for a Conditional Use Permit for a two family residence. Jerry seconded the motion, all vote aye, none opposed. The motion carried. The public hearing will be scheduled for the 18 of July, 2002. • Conditional Use Permit - 276 West 3'd South - Blake Loveland Blake Loveland - 266 West 3d South - Reviewed the location and his desire to purchase the property. The property has been used for single student and family housing. over 20 years of the past 35 years, the property has been used for student housing. Six students were in each of three units for a total of eighteen students. Blake would use the home for single students housing for up to 24 students. The area has other units being used for student housing. The property is a triplex and could hold 24 students. The property was reviewed on the overhead screen. Taco Time is located 200 yards to the East. John Millar - In 19go the ordinance change the zoning to MDR. Staff reviewed and recommended the property for a conditional use permit. Mike made a motion to send this request to public hearing, DaVawn seconded the motion, all voted aye, none opposed. The motion carried. REXBURG PLANNING & ZONING July 18, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jacob Fullmer- Excused P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Winston Dyer welcomed Council Member Shawn Larsen and new P&Z Commission member Mary Haley to the meeting. Approval of the Minutes: The minutes of July 10, 2002 were reviewed and the Conditional Use Permit at 355.5 W.2 - S. for Dowanna Cox was discussed. Winston Dyer discussed the Commissions approval of the Site Plan without addressing the Conditional Use Permit. The applicant intends to house 16 individuals in three units. The discussion from the Commission Members indicated their concems on the site plan. The applicant had worked with City Staff to resolve other issues. No further action was requested by the Commission. Stephen Zollinger - Reviewed the Commissions desire to clarify the application. There was some confusion on the application's intent. The discussion shifted to Site Plan issues. DaVawn Beattie made a motion to approve the minutes of July 10, 2002. Mike Ricks seconded the motion, Winston Dyer abstained, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda DaVawn Beattie - Discussed sidewalk locations and safety issues with curb side locations. 7:15 PM Conditional Use Permit -113 S. 3m E. - Mary Lee Hill Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is LDRI Por this request. Mary Lee Hill - They are requesting two apartments in this home. Those in favor of the request: No Testimony was given Those neutral to the request: No testimony was given Those against the request: Lamy Larsen - 428 Park Ave, Idaho Falls - Legal Council for Ron Bird - 58 South 3rd East - Mr. Bird feels that it does not meet the requirements for the LDRI zoning. They are concerned that this request will cause economic depreciation to other properties in the neighborhood. Mr. Larsen discussed the Idaho Code allowing Conditional Use Permits, Mr. Bird is requesting that standards be imposed for the use of this property. The Zoning Code Book was reviewed in conjunction with the Comprehensive Plan. Mr. Bird is desirous to maintain a strong single family neighborhood in this area. The conditions that could be imposed to minimize any impact on the surrounding properti neighborhood. es was reviewed. nei Bird would prefer family housing in this area. He is not in favor of Apartments in this Steve Oakey - 25 South 3' East - Steve agreed with the previous statements concerning applying conditions to the approval process. He would prefer to maintain some single family areas in the City. He is desirous to maintain older architecture in Rexburg. Rebuttal Testimony by the applicant Mary Lee Hill - Represented the owner as a Real Estate Broker - The owner plans to live at the residence and rent an apartment. The Public Hearing was closed. Stephen Zollinger - Reviewed the definition of a family. It can consist of up to four non related individuals per unit using one contract. Family as defined in the Zoning Ordinance was discussed. You can not discriminate against a family unit. Jerry Hastings - Reviewed the different types of family units and the inability of the City to monitor the units for compliance. Mary Haley - Discussion on the history of the homes in the neighborhood. DaVawn Beattie - Discussed putting conditions on this approval. Stephen Zollinger - There are Laws on the Books to control exterior condition of properties. These may include weed control, weather proofing, and other nuisance issues. Discussion on the type of conditions that could be applied. Mary Haley - Discussed neighborhood conditions at this location. DaVawn Beattie - Reviewed the Code Book on page 53 listing some conditions. Steve McGary made a motion to approve the request for a Conditional Use Permit with Staff approval and with the following conditions: Rexburg Zoning Code Book (Page 53): (4) 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. (6) 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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. DaVawn Beattie seconded the motion, Discussion, all voted aye, none opposed. The motion carried. 7:25 PM Conditional Use Permit - 338 E. Main St - Raymond K Hill Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is LDRI for this request. The Staff approved the request. Raymond K. Hill - 328 East Main Street - The property is located at 338 East Main to the East of his home. He reviewed the housing next to his location. Those in favor of the proposal: Shauna Hill - 328 East Main Street -Reviewed the request with the Commission. They are requesting housing for couples. It will be a one bedroom apartment. There is plenty of room for parking on the lot. The lot has black top on it for parking. Winston Dyer - Read a letter from Don and Marsha Sparhawk- 37 South 3`d East- They are supportive of the Conditional Use Permit. The letter will be in the file. 0 oti�va ao, wa,q Marsha Bjornn made a motion to create a tax-exempt fund similar to the fund for the Clair Boyle Skate Park. This fund would accept donations for the Community Recreational Center. Nyle seconded the motion, Discussion: Shawn Larsen - If someone donates to this fund, who will decide where the money is applied? Mayor Sutherland - the money would be specifically for the Recreation Center. Shawn Larsen — Discussed an alternative option of giving two options for the Recreational donations. A) Donations for rebuilding Porter Park facilities B) Donations for the Proposed Recreational Center Marsha Bjorun — Maybe another group would be interested in forming a Committee to work on Shawn's proposed Porter Park project. Shawn Larsen — Requested that the Community decide through the fund raising process which project they are willing to support. Discussion on the process for doing the fund raising. Shawn Larsen offered a substitute motion to allow a second line item on the Recreational fund raising effort. This would be to rebuild the Porter Park facility. The donor could choose to fund the proposed Recreational Center on 2"d North or the Porter Park facility. There was no seconded to Shawn's motion and it died for the lack of a second. A vote was taken on Marsha's motion to set up a tax-exempt account to accept funds for the Community Recreation Facility. Voting in Favor Voting Against Marsha Bjornn Shawn Larsen Donna Benfield Nyle Boyle Paul Pugmire The motion carried. Nyle Fullmer - Thanked the Recreation Committee for all of their hard work. Mayor Sutherland - Discussed the family rates. 8:45 Public Hearing -Conditional Use Permit - 338 East Main Street -Raymond Hill 8:55 Public Hearing - Conditional Use Permit -113 South 3rd East - Mary Lee Hill Stephen Zollinger - Requested that both properties be considered concurrently in the Public Hearing process. The requested appeal for these two properties is the same. Stephen reviewed the findings of fact on the Conditional Use Permits with the City Council and David H. Shipman. Both homes are two family units. The conditions in the finding of fact were reviewed. The properties will be heard as one Public Hearing. Dave Shipman - 428 Park Ave, Idaho Falls - Attorney representing Ron Bird - 58 S. 3`' E. in Rexburg - Reviewed the actions of the Planning and Zoning Commission on these two properties. Dave asked the Council to Hear the evidence without using preference to the Planning and Zoning decision. Dave reviewed the cases and indicated that the Comprehensive Plans on page 10 Bullet #3 encourage strong family neighborhoods. The properties are in an LDRI zone. This area is for single family residents. Both properties need a conditional use permit in LDRI. The Council does not have to approve these requests. Discussion on the definition of a family. Mr. Bird is concerned with having up to 16 students in these two homes. Planning and Zoning Ordinance Chapter 5, section 5.5 was reviewed: "5.5 Parking Plan Required. When a building or structure is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of a building or structure is changed and such change creates an increase of fifteen percent (15%) or more in off-street parking requirements, a parking plan shall be submitted to and approved by the City Engineer. The plan shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site. The parking plan may be combined with the landscape plan required under Section 6-9. Parking provided shall conform to the following standards:" Mr. Bird does not want a mini dorm in these homes. Dave referenced Chapter 6 in the Planning and Zoning Ordinance book including section 6.3, section 6.4, section 6.9 and section 6.13 subsections B & C. The following sections of the Planning and Zoning Ordinance book are included for review to compliment the discussion on the concerns of Mr. Bird. "6.3 Planning and Zoning Commission There is hereby created a Planning and Zoning Commission. The Planning & Zoning Commission is referred to in this Ordinance as the Commission. The Commission shall have the authority to consider and recommend to the Council ordinances, amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of Rexburg. The Commission shall provide guidance and assistance to the Council, hold public hearings as required by law; shall grant or deny applications presented to the Commission; and shall make timely recommendations to the Council in all matters relating to this Ordinance in which the Council has final decision making powers. Any action taken by the Commission which will be final unless appealed, may be reviewed by the Council at their discretion, within twenty (20) days of commission action, if the Council believes there may be significant adverse impact as a result of Commission action." "6.4 Duties of the Plannin and Zonin Commission. The Commission shall have the following duties as well as such others prescribed by law or assigned by the Council: 1. Review all proposed amendments to this Ordinance and make recommendations to the Council. Initiate proposed amendments to this Ordinance. 2. Conduct a comprehensive planning process designed to prepare, implement, review and update a Comprehensive Plan. Conduct a biannual review of this Ordinance and its implementation of the Comprehensive Plan. 3. Grant conditional use permits as specified in this Ordinance and make recommendations to the Council on those conditional use permits for which the Council has final decision making powers. 4. Grant variances as authorized by this Ordinance and Idaho statutes. 5. Complete site plan reviews as provided for in this Ordinance. 6. The commission is authorized by the City of Rexburg and Madison County to administer and enforce all rules and regulations pertaining to the area of the city impact for the City of Rexburg as provided in Chapter 10 hereof." 6.9 Permits Re uired No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway, carport, parking area or any other structure, without first obtaining a building permit for each building, sidewalk, driveway, carport, parking area or any other structure from the City. To apply for a permit, the applicant shall file an application with the City Clerk or representative. To provide the information necessary to determine compliance with the Provisions of this Ordinance, the application shall require the following: L Name, address, and phone number of applicant. 2. Name, address, and phone number of owners of the property, if owner is not the applicant. 3. Legal description of the property. IN 4. Existing use. 5. Proposed use. 6. Zoning district. 7. A site plan drawn to scale showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; the exact location and dimensions of the proposed building, sidewalk, driveway, carport, parking area or any other structure or alteration; the location, layout, and access of proposed on-site parking; and the location and type of landscaping, fencing, and screening proposed on the lot. 8. Building heights. 9. Number and dimensions of off-street parking spaces and loading berths. 10. Proposed water and sewer facilities. 11. Existing and proposed easements. 12. Proposed storm drainage for multi -family and commercial and industrial developments. 13. Such other matters as may be necessary to determine compliance with City ordinances. "6.13 Conditional Use Permits. Pursuant to Idaho Code Section 67-6512, the Council and Commission may issue conditional use permits. Prior to issuing a conditional use permit, at least one public hearing shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application shall be published in the official newspaper or paper of general circulation with the City of Rexburg. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice shall also be provided to property owners within three hundred feet (300') of the boundaries of the property and any others that the Commission determines shall be substantially impacted by the proposed development. A. Application. In addition to the information required under Section 6.9 above, the Administrator may require a narrative statement discussing the general compatibility of the proposed development with adjacent properties and the neighborhood, the relationship of the proposed use to the Comprehensive Plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building height, massing, and solid waste. The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use. B. Standards Applicable to Conditional Use Permits. The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will: (1) Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. (2) Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. (3) 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. (4) 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. (5) 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. (6) 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. (7) Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. (8) 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. (9) Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. 12 C. Supplementary Conditions and Safeguards. In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to: (1) Minimizing adverse impact on other developments. (2) Controlling the sequence and timing of development. (3) Controlling the duration of development. (4) Assuring the development is properly maintained. (5) Designating the exact location and nature of development. (6) Requiring the provision for on-site or off-site public facilities of services; (7) Requiring more restrictive standards than those genaedltyired in this Ordinance. D. Action by the Commission/Council. Within sixty (60) days after the public hearing, the approving body shall either approve, conditionally approve, or disapprove the application. Upon granting or denying the permit, the approving body shall specify: (1) The provisions of this Ordinance and standards used in evaluating the application. (2) The reasons for approval or denial. (3) The actions, if any, the applicant should take to obtain a conditional use permit. E. Appeals. The applicant or any affected person may appeal a final decision of the Commission on a conditional use permit application to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. Decisions of the Council may be appealed as provided in Idaho Code Section 67-6521." Dave Shipman - Discussion on the definition of a family. Dave provided a definition of a family to the City Council that could be adopted by the Rexburg Planning and Zoning Ordinance. Conditions for a Conditional Use Permit - Where are you going to draw the line. What is a single family home? Dave recommended the following conditions for a conditional use permit. No more that two families with the following definition: 1) At least one family member is blood related 13 2) The family group is divisible into two sub groups Paul Pugmire - Reviewed the appeal and requested clarification from Mr. Dave Shipman. Dave Shipman - Requested that the Council deny the request for a conditional use permit. If the Council does approve the Conditional Use Permit, Dave asked that they use his definition of a family as a condition. Paul Pugmire - This appeal would require a separate family definition for these properties. Dave Shipman - Reviewed the request to deny the Conditional Use Permit as being consistent with Code and the City Council's prerogative to define a family for these homes. This appeal requests that the City Council eliminating additional parking for additional students as a condition. Paul Pugmire - Asked Mr. Shipman if he wanted the City to Change the Code. Dave Shipman - Reviewed the conditions and safeguards that the Planning and Zoning Ordinance provide for single family neighborhoods. Nyle Fullmer - Reviewed the minutes from the Planning and Zoning Commission that approved the Conditional Use Permit. Stephen Zollinger - A Conditional Use Permit for LDRI zoning is allowed by right. The City requires Planning and Zoning review the application. The Commission has the opportunity to initiate conditions to the Permit. Stephen reviewed the change of use policy. The City Council can impose additional restrictions on parking. Sharma Haderlie - 3rd East - The biggest housing issue at BYU-Idaho is Married housing. If this request is denied, we would loose housing for married students. Shauna Hill - 328 East Main Street - They purchased the property to keep it in the family. The back yard is planned for a park area for grand children and other children. The couples do not have children and only one car per family. They have no intention of renting to single students and they plan to maintain the neighborhood as a residential area. The neighbors are aware of their plans and they support their efforts. They plan to take care of their property and make it pleasing to the area. Shawn Larsen - Discussed the family definition with the Marsha Sparhawk - They live adjacent to the property. They support the development of the property. They are concerned with having single students in the home. They support the Hills' efforts and also understand Mr. Birds reasons for the appeal. 14 Dave Shipman - Reviewed Idaho Code section 676512 states which states "Special Use Permits May be granted". The Council may grant the permit, however the Council is not compelled to grant the permit. Dave referenced Section 6.13 of the Planning and Zoning Ordinace. David Daniels - 138 K street - Discussed the trend to make residential homes into rentals with apartments. He is concerned with the encroachment on the private home owners. Marsha Bjomn - Asked David if he would support conditions. He is concerned with consistency and protection for the homeowners and the developers. He was concerned about the over all plan for neighborhoods. Mayor Sutherland - Requested input from Planning and Zoning Commission. Public Testimony was closed Winston Dyer - commented on the situation and the Planning and Zoning Commissions intent to follow the comprehensive plan. We gave both of these requests for Conditional Use Permits due process. Careful deliberation was given to these requests by the Commission. The character of the neighborhood was keep in mind. This appeal would require a new definition for a family in the Zoning Ordinance. Marsha Bjornn - Reviewed the process for applying conditions to a future owner. Winston Dyer - You have to balance property owner rights with City Ordinances. Planning and Zoning is concerned with the University's announcement to build married housing and the pressure that this decision will bring to bear on residential areas. Winston was concerned with homes being converted to apartments. Stephen Zollinger - This issue is not about parking - It is a single family residence verses a two family residence issue. Eight students in these residents would violate Rexburg City Ordinances. Shawn Larsen - The home on Mohawk did not raise the same concerns because the owners were going to live in the home. Stephen Zollinger - Recommends changing the definition of a family to simulate the definition brought forward by this appeal. It offers an assurance to maintain single family units. Planning and Zoning did their job correctly on these two Conditional Use Permits. The Zoning Ordinance does not allow four individual contracts per unit. Shawn Larsen - There was extensive discussion on these requests in the Planning and Zoning meeting. 15 Paul Pugmire - Reviewed the appeal and the definition of a family. It makes good sense to look at the definition of a family for amending the Planning and Zoning Ordinance. Paul Pugmire made a motion to deny the appeal, Marsha Bjornn seconded the motion, Discussion, All voted aye, none opposed. The motion carried. Mayor Sutherland - Thanked Steve Christensen for setting up the building for the meeting. Tentative Budget Approval - Richard Horner Richard Horner - Reviewed the Budget changes for a Sewer increase of $0.72 per home. Nyle made a motion to send the Budget Changes to a Public Hearing September 04, 2002, Shawn Larsen seconded the motion, all voted aye, none opposed. The motion carried. Richard Horner - Reviewed the budget for the new Planning and Zoning Administrator and the Ambulance for the 2002 Budget. The Budget for LID 33 in 2003 was added. LID 33 was added for 2003 Property tax - Kurt - Sewer rate Shawn made Nyle seconded discussion all voted aye none opposed the motion carried. Set Utility Fee Hearing - Richard Horner 5. Old Business: 2. 6. Update on Projects John Millar - Reviewed current projects Donna _ asked john about PSI 7. Committee Reports 8. Mayor's Business Approval of Bills Paul nyle 10. Adjourn Non Controversial Items Added to the Agenda: 16