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.