Loading...
HomeMy WebLinkAboutFINDINGS OF FACT - Lee & Marilyn Ward - 228 E 2nd S - CUP for a duplexFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On December 16, 2002, Lee & Marilyn Ward presented to the Rexburg City Clerk a Request and Application for a Zone Change on property located at 228 East 2' South in the City of Rexburg, said property to be changed from three apartments to a duplex to come into compliance with life safety issues. 2. On January 9, 2003, Lee Ward appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit of said property located at 228 East 2' South from three apartments to a duplex to come into compliance with life safety issues. It was recommended that this request should go to public hearing. 3. On January 14, 2003, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on January 15, 2003, and February 3, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On February 6, 2003, Lee Ward appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from three apartments to a duplex to come into compliance with life safety issues on property located at 228 East 2"' South. A motion was made and passed to approve the Conditional Use Permit subject to the condition of the Zoning Ordinance paragraph 6.13, plus require the parking to remain in the rear of the building, and only allowing two apartments by vacating the third story apartment. Steph�nger, City REXBURG PLANNING & ZONING January 09, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings 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 1. Consent Calendar: The consent calendar includes items which require formal Planning Commission action, however they are typicallyroutftie ornotofgreat controversy. Individual Commission members may ask that any specific item be 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 December 05, and December 19, 2002 meetings ii. 174 College Avenue, Request for a Conditional Use Permit for dormitory style housing Zoning Compliance request for existing housing- Richard Taylor 1 Ju. 228 East 2' South - Request for a Conditional Use Permit for a duplex - Lee Ward iv. Spring Creek - Division #1 Preliminary Plat 5`4 South to 6' South on 3" West (Name change required per Kurt Hibbert) Ted Whyte moved to approve the Consent Calendar as amended to contain 174 College Ave., 228 East 2"a South and the Preliminary Plat for Spring Creek; David Stein seconded the motion; Discussion: all voted aye, none opposed. The motion carried. Site Plan Approval -Glen -B: -Reed -Apartments -2 Bldgs 450 South 4th West - (Deferred by applicant) CITY OF REXBURG PLANNING AND ZONING MINUTES February 06, 2003 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz Ted Whyte DaVawn Beattie - Excused Mike Ricks Steve McGary - Excused 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 Consent Agenda: The consent calendar includes items which require formal Planning Commission action, however they are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. L Minutes from the January 09, and 16, 2003 meeting Mike Ricks moved to approve the minutes from on the Consent Agenda with minor changes suggested by Winston Dyer; Jordan Dyer seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: Winston Dyer noted that there are two items on the table. One is a Comprehensive Plan change request in the area of first North and First South on Main Street. The other one is a request for a Conditional Use Permit for a daycare facility that needed further clarification on some parking issues. Kurt Hibbert explained the new the site plan that was resubmitted showing parking for four stalls. The daycare request may be brought off the table later in the meeting. Zoning Compliance — Kurt Hibbert reviewed the compliant issues list that has been prioritized. The City is working on them one at a time. There is one complaint that has been sent to the Police Department to serve on the offender. Winston Dyer — Reviewed the problems of the off street parking restrictions in the winter. Kurt responded with comments from apartment owners requesting additional parking. Winston explained the complaint process that is available for Planning and Zoning issues to the City residents. Winston Dyer explained the process for giving testimony at the Public Hearings. Public Hearing: 7:05 p.m. Conditional Use Permit — 264 North 3'd West — Residential Duplex - Leonard Hull Barbara Hull — 264 North 3`d West — Barbara is working in Rexburg and travels from Ashton. Their children will live in the home and the home complies with the life safety codes. The basement has been converted into an apartment. They plan to rent the basement of the home in the future. Kurt Hibbert — Indicated that the Staff has reviewed the proposal. It is a proposed new use for the property. Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed. There was no written input on the proposal. Ted Whyte moved to approve the Conditional Use Permit at 264 North 3rd West subject to the conditions of a Conditional Use Permit in paragraph 6.13 of the Zoning Ordinance plus the approval of the City Departments and the life safety issues; the motion was seconded by Mike Ricks; all voted aye, none opposed. The motion carried. Winston Dyer asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:10 p.m. Conditional Use Permit — 228 E. 2"d S. — Residential Duplex — Lee & Marilyn Ward Lee J. Ward — 133 East 2"d South — He purchased the property four years ago with three apartments in the home. The top apartment was built about 10 years ago without a permit. The other two apartments have existed before 1977. Lee has had a business license for the property for the apartments for the last four years. He is asking for a permit for only two of the three apartments. Lee will vacate the third floor apartment in the spring of 2003. There is parking for 6 stalls is in the rear of the building. Kurt indicated that the staff has reviewed the proposal. The parking stalls are adequate for two apartments. `A Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed. There was no written input on the proposal. The Commissioners reviewed the proposal with the parking in the rear of the building. The alley drive is gravel instead of hard surface. Kurt Hibbert — Indicated that the hard surface would be grandfathered because it was used in that condition before the Zoning Ordinance was adopted. Robert Schwartz moved to approve the Conditional Use Permit subject to the condition of the Zoning Ordinance paragraph 6.13 that indicates the conditions for a Conditional Use Permit, plus require the parking to remain in the rear of the building, plus only allows two apartments by vacating the third story apartment; Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Winston asked the applicant to review the conditions with Kurt Hibbert for compliance. 7:15 p.m. Conditional Use Permit —174 College Ave — Single Student Apt — Richard Taylor Richard Taylor —152 College Ave — Purchased the home and converted it into rental units. There is road base temporarily installed for parking. Asphalt will be installed for 14-16 parking stalls in the rear area of the property when the weather permits. There is an apartment building behind this property. They have complied with the life safety issues. Bushes in the rear were retained for a soft area. The access to the rear of the lot is on the side of the home. The access to the rear of the home is 22 feet wide. There is adequate parking for the rentals. They plan to have single individuals in the units; Richard indicated that they plan to have 10 to 12 individuals with a possibility of up to 16 individuals in the rental units. Kurt Hibbert — Indicated that there was adequate parking for the units. There is space available to expand the parking for up to 16 parking stalls. Those in favor of the proposal: None given Those neutral to the proposal: None given Those against the proposal: None given Public testimony was closed There was no written input on the proposal. Discussion on the need to have a Conditional Use Permit in MDR Zoning. Kurt indicated that a CUP is required in MDR Zoning for dormitory style housing. There are 2.5 baths in the home and two kitchen areas in the home.