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HomeMy WebLinkAboutFINDINGS OF FACT - Raymond Hill - 338 E Main - CUP for couples apartment; duplexFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On June 17th, 2002, Raymond K. Hill presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to add an apartment in an existing home at 338 East Main in the City of Rexburg. 2. On June 26`h, 2002, Raymond K. Hill appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment at 338 East Main in the City of Rexburg. It was recommended that this request should go to public hearing. 3. On July 1', 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 3`d 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, Raymond K. Hill appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment in an existing home at 338 East Main. Winston Dyer read a letter from Don & Marsha Sparhawk who were supportive of the permit. Several neighbors spoke against granting the permit, wishing to maintain the neighborhood in its present condition. The Commission discussed the proposal, the neighbors concerns, development of the area and number of occupants allowed. A motion was made and passed to approve the request for a Conditional Use Permit with compliance to City Ordinances and Staff approval. Also, they must meet 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. 6. This matter was appealed. Appeal denied. Stephen lollinger, City AttorrQy FINDINGS OF FACT FOR CONDITIONAL USE PERMIT On June 17th, 2002, Raymond K. Hill presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit to add an apartment in an existing home at 338 East Main in the City of Rexburg. 2. On June 26t", 2002, Raymond K. Hill appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment at 338 East Main in the City of Rexburg. It was recommended that this request should go to public hearing. 3. On July V, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 3`d 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'h, 2002, Raymond K. Hill appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment in an existing home at 338 East Main. Winston Dyer read a letter from Don & Marsha Sparhawk who were supportive of the permit. Several neighbors spoke against granting the permit, wishing to maintain the neighborhood in its present condition. The Commission discussed the proposal, the neighbors concerns, development of the area and number of occupants allowed. 5. A motion was made and passed to approve the request for a Conditional Use Permit with compliance to City Ordinances and Staff approval. Also, they must meet 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. StepheA Zollinger, City A rney 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: 7:10 - Public Hearing - Conditional Use Permit -115 South and 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'd 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 LDRt 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 18th 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 oposed. The motion carried. The public hearing will be scheduled for the i8` of July, 2002. • Conditional Use Permit - 276 West 3'd South - Blake Loveland Blake Loveland - 266 West 3ie 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 1990 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 Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk July 18, 2002 7:00 p.m. Winston Dyer Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jacob Fullmer - Excused John Millar Kurt Hibbert Stephen Zollinger 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. V 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 concerns 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. 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 LDR1 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. Those neither for or against the proposal: Jean Baird - 325 East I' South - They are supportive of the request with a neutral position. Steve Oakey - 25 S. 31d E. - Discussed the professional overlay that was reviewed several months ago. He discussed office space verses residential use of the properties. He was concerned with the neighborhoods desire to exclude office use over residential use. Steve would prefer to maintain the neighborhood in its present condition. Gerald Larsen - 75 South 3rd E. - Discussed his concern with adding pavement to the neighborhood. Rain water from the Kenwood Apartments runs off when there is a storm. He asked the commission to keep this in mind. Larry Larsen - 428 Park Ave, Idaho Falls - Representing Ron Bird as Council - Reviewed his previous comment to preserve strong family neighborhoods. This request will add an additional family to the neighborhood. Larry suggested to give consideration to limiting additional multifamily units in the neighborhood. Larry suggested additional limits on the number of occupants in the unit. He suggested that a condition of limiting the number of occupants in each unit to two persons not within the second degree of kinship. He recommended that the Commission deny the request. Paul Follet - 106 Birch Ave - Discussed renting property being a commercial use. He prefers to maintain older structures in their original condition. There are locations in the City that would not pass the Life Safety review. Eric Early - 6213 South 3100 West- Discussed Provo, Utah - Provo is moving back to owner occupied units. Rebuttal Discussion: Raymond Hill - 328 East Main Street - They are reducing the bedrooms from five to three. They are planning to put two families in the units. This property was owned by his uncle and they are trying to keep this property in the family. The Public Hearing was closed. Discussion on the proposal and the neighborhood's concerns with continued development of the neighborhood. The Conditional Use Permit process does allow mitigating language to control the use of the property. Stephen Zollinger - Discussion on the transfer of property and the future development of the property after a Conditional Use Permit is given. Discussion on the number of occupants that the Commission could allow. The Federal Government uses four non -related people as a family unit. There must be a reason for limiting the number of occupants. DaVawn Beattie made a motion to approve the request for a Conditional Use Permit with compliance to City Ordinances and Staff approval. Also, they must meet 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. Ted Whyte seconded the motion, all voted aye, none opposed. The motion carried. 7:35 PM Variance - College Park Apartments - Bob Robinson Ted Whyte declared that he no longer has a conflict with this property due to terminated negotiations with Mr. Hill. Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is HDR (High Density Residential) for this request. The Staff has reviewed the request. They are required to have 62 parking spaces. With this variance, the apartments would have four additional parking spaces. Robert Robinson - Apollo Apts. - His home is in Provo, Utah. His brother Joseph will be living here and manage the properties. Discussion on the changes in this request verses the original approved site plan. This request would change the site plan from two approaches to one wider approach. The Fire Department would prefer the single wider roadway through the complex. Discussion on the neighboring properties parking practices. The set back is 25 feet back from the curb. The set back parking requested is for compact cars. The complex is for married housing. Those in favor of the proposal: No public testimony was given Kurt Hibbert - Indicated that the changes would improve safety for the project. Those neutral to the request: Roger Harris - 19East 2°d North - He is concerned with the traffic on 21 North and the commercial use of the property. His house is affected by heavy trucks using 21 North. His home vibrates when trucks pass by his home. The vibration from the trucks has broken windows in his home. He is concerned with the danger that children are exposed to North of his home on a vacant lot. He discussed using another 0