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HomeMy WebLinkAboutFINDINGS OF FACT - Mark & Linda Nygren - 479 Harvard - CUP for a family basement apartmentFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On November 4, 2002, Mark and Linda Nygren presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 479 Harvard Avenue in the City of Rexburg, said property to be a family apartment zoning in LDRI . 2. On December 19, 2002, Mark and Linda Nygren appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 479 Harvard Avenue to be a family apartment zoning in LDRI . It was recommended that this request should go to public hearing. On December 27, 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on December 30, 2002, and January 13, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On January 16, 2002, Mark and Linda Nygren appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for a family apartment on property located 479 Harvard Avenue. A motion was made and passed to grant the Conditional Use Permit subject to the zoning conditions in the Zoning Ordinance 725 Section 6.13. `� Z*=�Jq--- StepheA Zollinger, City Afarney REXBURG PLANNING & ZONING December 19, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley - Excused Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger - Excused City Clerk Blair D. Kay 1. Consent Calendar: The consent calendar includes items which require formal Planning Commission action, however they are typically routine or not ofgreat controversy. Individual Commission members may ask that anyspecific item he removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the November 21, 2002 meeting ii. 450 South 4' West - Site Plan Review - Request for 11 units with 6 females per unit and one managers unit. iii. Steiner Ave - Site Plan Review - Three Residential Units with proposed easement for rear lot parking. iv. 350 Yale Ave - Request for a Conditional Use Permit for a married unit apartment. v. 236 North 3'd East - Request a Conditional Use Permit for a Day Care Facility for Children vi. 102 K Street - Request a Conditional Use Permit for a duplex built in 1972 vii. 479 Harvard - Request a Conditional Use Permit for an apartment for married housing (Basement apartment for the last 6 years.) Winston Dyer - Introduced the Consent Calendar to the Planning Commission. Winston excused Mary Haley and DaVawn Beattie from the meeting. This meeting was intended to be a work session; however, the requests were piling up and they needed to have some Commission action. Consent Calendar items can be removed from the Consent Calendar by a single Commission Member for discussion. Consent Calendar items No. 2 & No. 3 were removed from the agenda to be approved by Staff. Consent Calendar items No. 4 through No. 7 were approved by Staff to go to Public Hearing. Discussion on the Consent Calendar items. Ted Whyte made a motion to approve the Consent Calendar excluding items No. 2 & No. 3; Jerry Hastings seconded the motion; none opposed. The motion carried. Noncontroversial Items Added to Agenda Zoning Compliance — Kurt Hibbert Kurt discussed the compliance issues before the City Staff at this time. Health and Safety reviews and compliance reviews are being conducted. Most of the compliance issues are actively being worked on to come into compliance. Public Hearing —None Winston Dyer — Commented on the Planning Commission past situation of being in a reactive mode to help support the need for additional housing in Rexburg. He indicated that current and future decisions will be based on the a proactive position. Winston mentioned the University's proposal to engage in the housing market. This will allow the Planning Commission to make decisions based on the Vision (Comprehensive Plan and Zoning) for the Community. Some requests may not fit into the Comprehensive Plan and Zoning for the City of Rexburg. Winston Dyer — Mentioned that the City Council approved the first reading of the RR2 Zone. It will have a reading on January 08, 2003 and a third reading on January 22, 2003. The Commissioners began discussion of the backlog of items on the current agenda. Planning and Zoning Agenda items for Consideration: These Items may not have complete information (i.e. Unapproved new zones or they may require Comprehensive Plan changes). Annexation and/or Rezone requests for MDR2 (Unapproved Zone) 1) 230 North Hwy 33 — Applicant requests annexation with an MDR2 zone. The plan is to subdivide the property for residential lots with Commercial zoning on Hwy 33. 2) 355 West 2nd South — Applicant requests a rezone from MDR to MDR2 for three 6-Plexes. 2 REXBURG PLANNING & ZONING January 16, 2003 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 - Excused Mary Haley Jordan Dyer David Stein P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay ConsentAgenda: The consent agenda includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that anyspecific item he removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. i. Minutes from the January 09, 2003 meeting Deferred approving the minutes to the next meeting. New Business: Comprehensive Plan Change request (1St North to 1St South on East Main Street) East Main Street Neighborhood Association Kurt Hibbert — Reviewed the proposal on the overhead screen. The request is to change two blocks on the Comprehensive Plan from Commercial to Residential. The zoning map indicates a residential zone with a professional overlay for part of a block. Winston Dyer — Commented on the historical use of the properties. The parking has not been a problem for these two homes. Mike Ricks moved to approve the request for a Conditional Use Permit subject to the zoning conditions in Zoning Ordinance 725 Section 6.13; Ted Whyte seconded the motion; all voted aye, none opposed. The motion carried. Winston Dyer — Requested that the applicants review the conditions in the Zoning Ordinance with Kurt Hibbert. 7:45 p.m. 479 Harvard Avenue — Conditional Use Permit for a family apartment Zoning in LDRI Kurt Hibbert — Reviewed the proposal on the overhead screen. This home has not been in compliance and the owner has been seeking the needed City approvals to come into compliance. Val Christensen — 430 South 3`d East — The home was built as a single family structure and the home was converted by the first owner and sold as a duplex. Ted Whyte — Reviewed the history of the proposal. The down stairs area was remodeled as a canning kitchen by original owner. Discussion on the Protective Covenants amended in 1993 allowing apartments in the subdivision. Those in favor of the proposal: Sam Stone — 477 Yale Ave — Presented the Protective Covenants with discussion part C, Paragraph #1. The Covenants indicate that an apartment is allowed with one or more rooms providing that there is a garage or rear entrance to the apartment. Sam has not seen any negative circumstance to this home with an apartment that detract from the neighborhood feeling. Those Neutral to the proposal: Terry Wall - 429 South 3`d East — Indicated that the property was being used as an apartment when the Nygrens purchased the property. The property was sold as an apartment. David Peck — Discussed the intent of the Neighborhood Association to allow grandfathered apartments or exclude out apartments that are not granted legal and compliant approvals for apartments from the City of Rexburg. They do not support non compliant uses in the neighborhood after the formation of the Neighborhood Association in May of 2002. Pat Bennett — 316 East 5`h South — Indicated that there was a canning kitchen at this site in April of 1998 when they looked at the home for a residence. They were told that it was a canning kitchen. JoAnn Greene — 419 South 3`d East — As a neighbor they have no objection to this proposal. Those opposed to the proposal: None given Rebuttal by the applicant: Mark Nygren — 479 Harvard Ave - Indicated that they purchased the home as an apartment. They have owned the home for about four years. The property was represented to them as having an allowed apartment in the basement. He is in favor of the proposal. Mark mentioned indicated that they are located next to apartments across the street. Discussion on buffering for the property. Public Hearing was closed Discussion on the issues of a previous hearing where the Commission denied an application for an apartment in an LDR Zone. LDR Zones do not allow apartments. Continued discussion on the canning kitchen being converted to an apartment. Stephen Zollinger — Reviewed the history of the canning kitchen. The owners did not want to go through the Conditional Use Permit process. Stephen indicated that Mr. Nygren has complied with the requirements to have a Conditional Use Permit for an apartment. Mary Haley moved to grant the Conditional Use Permit subject to the zoning conditions in Zoning Ordinance 725 Section 6.13; Mike Ricks seconded the motion; all voted aye, None opposed. The motion carried. Winston Dyer — Requested that the applicants review the conditions in the Zoning Ordinance with Kurt Hibbert. 7:50 p.m. 361 East 4th South — Conditional Use Permit for a Pre-School-LDRI Kurt Hibbert — Reviewed the proposal for a Home Occupation License for less than 12 children in a child care facility. The conditions for a Home Occupancy License were restated. Zero to six children is allowed without a Home Occupancy Permit. Over six children in