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HomeMy WebLinkAboutFINDINGS OF FACT - Ralph M Kern - 158 Harvard Ave - CUP for basement apartmentFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On April 30, 2003, Ralph Kern presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit on property located at 158 Harvard Avenue in the City of Rexburg, said property to be changed from Single Family Residential to add a basement apartment. 2. It was approved by City Staff to go to public hearing before the Planning and Zoning Commission. On May 16, 2003, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on May 19, 2003, and June 2, 2003. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On June 5, 2003, Ralph Kern appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit from Single Family Residential to add a basement apartment on property located at 158 Harvard Avenue. There was no opposition expressed concerning this zone Conditional Use Permit. A motion was made and passed to approve this request for a Conditional Use Permit subject to the zoning conditions in Zoning Ordinance 725, Section 6.13. Steph n Zollinger, City orney CITY OF REXBURG PLANNING AND ZONING MINUTES June 05, 2003 7:00 p.m. Chairman: Winston Dyer - Excused Members: Robert Schwartz - Excused Mike Ricks Steve McGary Doug Smith Jerry Hastings Mary Haley - Excused Jordan Dyer - Excused David Stein Joseph Laird Randall Porter P.F.C. John Millar P & Z Administrator Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay Portions of the meeting were recorded. Winston Dyer was excused from the meeting. Steve McGary conducted the meeting. Consent Agenda: 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 any specific item be removed from the consent agenda for discussion in greater detail. Explanatory information is included in the Planning Commission's agenda packet regarding these items. a. Minutes from the May 15, 2003 meeting _ b._ Minutes from the May 01—"03 meeting_ Jerry Hastings moved to approve the minutes for May 01, 2003; David Stein seconded the motion; all voted aye, none opposed. The motion carried. Joseph Laird moved to approve the minutes for May 15, 2003; Jerry Hastings seconded the motion; all voted aye, none opposed. The motion carried. Noncontroversial Items Added to Agenda: None Kurt Hibbert - Reviewed the progress of the Building Design Standards Ordinance with the Commissioners. They requested that the Design Standard move forward to the Council as soon as possible. Kurt Hibbert reviewed an apartment violation that was not in compliance due to the size of the lot. Kurt has received 5 additional complaints on illegal apartments in the City this past week. Public Hearing: 7:05 p.m. Conditional Use Permit - Apartment for Ralph M. Kern 158 Harvard Avenue Steve McGary - Explained the procedure for a Public Hearing to the participants. Kurt Hibbert - Reviewed the application with the Commissioners on the overhead screen. Staff did not have any concerns with this request. There is a walk out basement in the rear of the home. Discussion on the amount of parking needed for this request. The unit would have to be rented as family housing. The City is planning to track the type of housing in each rental unit. The applicant plans to add parking to the home for this request. Parking lot construction requirements were discussed. This development would need a hard surface access to the parking area if these new parking stalls are used for the required parking in this request. Those in favor of the proposal - None Those neutral to the proposal - None Those opposed to the proposal - None The Public Hearing was closed. Discussion on the existing use of the property as an apartment. The applicant is seeking the proper approval for the apartment. This requester intends to move the parking from the front yard to the back yard. Doug Smith moved to approve the Conditional Use Permit for an apartment. David Stein - - seconded the motion-, Discussion requiring the applicant to comply with 6.13 (B) in the Zoning Ordinance 725. All voted aye, none opposed. The motion carried.