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Home My WebLink AboutAPPLICATION - Ralph M Kern - 158 Harvard Ave - CUP for basement apartmentApril 30, 2003 Planning & Zoning Commission City of Rexburg 12 N. Center Rexburg, ID 83440 Dear Planning & Zoning Commission; This letter and the attached conditional use application, including payment of $450.00 constitute my request for permission to locate an apartment in the basement of our home at 158 Harvard Avenue in Rexburg, Idaho. This 3,400 square foot house was built on a large lot (11,344 square feet) in 1978, just after the Teton flood. It was designed and constructed with an apartment in the basement, but was never rented by the previous owner. It is our intent to do the upgrades necessary to conform to city ordinances. A Life Safety inspection revealed only minor modifications are necessary to bring the property into compliance (see attached report). In addition to the inspection items, we plan to create additional parking, improve the landscaping and make other aesthetic improvements. Please consider this application carefully and let us know if additional information is necessary. Sincerely, Ralph M. Kern 158 Harvard Ave. Rexburg, ID 83440 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF REXBURG APPLICANT: Name Address1 AR !*R—i� A V (=-- City =City State--a�I Phone '3S-4,- -P27 OWNER: (Complete if owner not applicant) Name Phone PROPERTY COVERED BY PERMIT: Address 1 S ./1p O,elp (Lr1 A0 c Zone LbiZ Legal Description (Lot, Block, Addition, Division Number) /rr NATURE OF REQUEST: Briefly explain the proposed use: Existing use of property: S/ t, L {—A,0-µ L. Will this have an impact on schools: Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be a 90 day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit REQUIREMENTS FOR GRANTING CONDITIONAL USE PERMIT: The following information will assist the Commission and/or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated water usaguer month? Are the existing mains adequate to provide fire protection? TODD (p P� Ci c> eel 2. What is the estimated sewer usage per month? Will pretreatment be 3. What is the estimated daily traffic to be generated? Will the traffic be primarily private vehicles or commercial trucks? /V IA - 4. If commercial, industrial, or a home occupation, what will be the hours of operation? 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? IA - 6. - 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi -family for�young families, singles and couples, or elderly? 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting 8. How much parking is being provided on-site? Do the aisle widths and access points comply with the ordinance requirements? Has landscaping beer} provided in agcordance with the 9. Where will solid waste generated be stored? Is access adequate for the City collection? 4 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? 11, What type of equipment will be used in the conduct of the business? 4_ 12: What are the sTounding land uses? Has i offering been provided as required by the 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? a '�� a o I A , - . v„ -.. G _' 0 14. Will the parking lots or other outdoor areas have lighting? 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For commercial uses, where are the loading docks? Is there sufficient space for truck narkine? A/ /,-- 16. If a commercial, multi -family, or public assembly use, where is the nearest collector street? Arterial street? Al IA -- 17. What, if any, signage is anticipated in connection with the proposed usage? -,Z The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. ATTACH A PLOT PLAIT AS REQUESTED BY SECTION 6-9. 3O' y FOR OFFICE USE ONLY: Fee: ..0 Date Paid: 30 ` o3 Paid y: Check Cash Other Date of Notice:_j9ja \1 I Hearing:. P&Z Su ne nc�_ SU. rti e- b�?— council a A - CONDITIONAL USE PERMIT PROCEDURES The City of Rexburg Zoning Ordinance designates certain land uses in each Zoning District which are allowed. These are listed in the Zoning Ordinance for each zone. The City Clerk or City engineer should be consulted if you have questions about whether your proposal will need a Conditional Use Permit. If a C.U.P. is needed, you will need to get an application from the City. Clerk and fill it out for a C.U.P. You will then need to return the application and request that the City Clerk put you on the Planning Commission agenda one week prior to the meeting. The Planning & Zoning Meetings are held on the 2"d and 4' Wednesday of every month at 7:00 p.m. The City Clerk will then mail to the Planning Commission the application for them to review prior to the meeting. At the meeting the board will discuss your request with you and set it for Public Hearing. You will need to pay $200.00 to the City Clerk prior to any advertising for the hearing. Prior to granting a conditional use, at least one Public Hearing shall be held to give persons an opportunity to be heard. The City Clerk will put the notice for the hearing in the paper 15 days prior to each hearing, mail a copy to all the property owners within 300 feet and post a notice on the property: After the Planning Board holds their hearing they will make a recommendation to the City Council. The City Council will take the Planning Board recommendation into consideration. If a hearing is required before the City Council they will then take into consideration oral and written testimony as well as the recommendation from the Planning Board. A decision will be made by the City Council within the time allowed by Section 67-6511, Idaho Code. Fust American Title Company FIRST AMERICAN TITLE COMPANY R)(29969 WARRANTYDEED For Value Received KATHLEEN McGARRY, PERSONAL REPRESENTATIVE OF THE ESTATE OF BETTY K PHILLIPS, a.ka. ELIZABETH K PHILLIPS, deceased Herenaftercalled the Grantor, hereby grants, bargains, sells and oarveys urs Ralph M. Kern and Connie P. Kem, husband and wife whose address is: 158 Harvard Avenue, Rexburg, Idaho 83440 Hereinafter called the Grantee, the following described preITrses situated in Madison County, Idaho, b -Mt Cormnencing at a point 167.5 feet East of the SW comer of Lot 4, Block 8, Rigby Addition to the City of Rexburg, Madison County, Idaho, and running thence East 137.5 feet; thence North 82.5 feet; thence West 137.5 feet; thence South 825 feet to the Point of Beginning. SUBJECT TO al easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and resorts of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's hews and assigns forever. And the said Granbrdoes hereby Covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except airrent years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premsm and that Grantor warrant and defend the carne from all Claims whatsoe .. Dated: June 12, 20D2 Kathleen McGarry, Personal R60eserblive STATE OF IDAHO 0 IST4171111,I.rdIII—STLA On this—hday of June, In the year 2002, bebre me, Loma -Leigh, personally appeared KATHLEEN McGARRY, Ivwum or identified to me to be the person whose name's subscribed bo the within instrument as Personal ReVesenhative of the Estate of Betty K Phillips, and acITIowledged to me tot she executed the same as such Personal Representative. \ �J�,' '�",•�U(--:I g LORNA - LEIGH �✓ STATE OFIDAHO NOTARY - • -PUBLIC Residng at Madison County, Idaho Commission Expires: 02116/07 Instrument# 296447 RE%BURG, MADISON,, IDANoo No. of Pages'. t 2D02-0617 Recorded for'. FIRST AMERICA TITLE COMPANY MARILYN R. RASMUSSEN Fee: 3.00 Ex-OBleio Recorder Deputy