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HomeMy WebLinkAboutFOF - 91-00015 - Buena Vista ApartmentsFindings of Fact City of Rexburg 12 North Center - Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax., 208.359.3022 Buena Vista Apartments 406 South 3`a East CITY OF REXBURG CW America§ Family Community 1. On August 28, 1991, The Planning & Zoning Commission for the City of Rexburg discussed the parking that was put in at the Buena Vista Apartments at 406 South 3`d East. From the minutes: "They only had two parking spots two deep for off street parking. The new owners have put the front lawn into parking. The neighbors across the street are threatening to sue if the city doesn't make them comply with the ordinance and take it out. The property owner says he will sue if we make him take it out... Rose explained that we have a parking committee who has checked out parking for college housing. Buena Vista has been renting to 18 students for a long time with two parking places... John asked for a recommendation for Buena Vista parking. A motion was made by Mary Ann Mounts to recommend that they not be able to rent to that many people and that they have to tear out some of the parking in the front yard and be in compliance with the ordinance and that it be turned over to,the city council for further recommendation. Seconded by Jim Long. All Aye." 2. On September 4, 1991, City Council discussed the parking problems at Buena Vista Apartments. From the minutes: "The mayor explained it has been used for student housing for years. This year the parking committee told them he had to put more parking in for the students to comply with the parking regulations. The previous owner was Chuck Frost, he had a plan for parking to be put in. The parking could not be put in legally even with that plan. The neighbor says he will sue us if we don't make him change the parking, the neighbor is also not legal with the paving in his front yard... Larry [Cummings, owner of property] said it was his understanding that the parking he put in was okay. Don Hammer said he had talked to the mayor, who okayed it. The mayor said he told Don he had preliminary approved the plan Chuck had. The girls in the apartment last year said they had six cars parked in the driveway and had to shuffle cars to get out. With the plan Chuck had he would only pick up one more parking spot. He had put the parking in the only place he could put it... The sidewalk already had the low curb on it to allow for the parking and the curb and gutter wasn't altered at all... The mayor said the. new parking is adequate, but not legal according to our ordinance. He had talked to Chuck Frost and thought Mr. Cummings was putting in the parking according to the plan Chuck had drawn. He would have still been in the set back off of 4' South. Glen Bean had gone up and told Mr. Hammer he could not put it in that way, but he went ahead and did it anyway... Larry questioned if the city says he has to have adequate parking but won't let him put it in the way he had room, what should he do. He needed parking for five or six cars plus his three cars. Nyle Fullmer told him we need to live by the law and you need to take in to account how many student you would rent to. Larry said he would have 16 students. Nyle said if we do let you go ahead with the parking this year, you will have to correct it next year... Jim Long stated that Helen Young came to Planning & zoning and had the same situation and they required her to change the parking and she said she would. She will make contracts requiring the students not to bring cars... Nyle Fullmer suggested that we table it for the next meeting. He told Mr. Cummings that he was obligated by the law to obey the ordinance on the parking, but the council would try to work with him. Glen Pond told him it wasn't easy for the council to tell him he can't put the parking in that way, but we are bound by the city ordinances. Jim Long suggested that he contact the apartment owner behind him and see if he could rent parking from them. A motion was made by Nyle Fullmer and seconded by Darlene Petersen to table the parking issue for the next meeting in two weeks. All Aye The mayor suggested that the council go as a group and look at the parking. 3. On August 18, 1991, City Council again discussed the parking problems at Buena Vista Apartments. From the minutes: "The mayor showed the council of the drawing that was given to Larry before he purchased the property. The drawing was illegal and did not meet requirements. You have a grandfathered apartment on a lot that is too small. When we went to enforce the parking we had the problem of the parking lot. The plan given to Larry was worse than what Larry has come up with. Larry's way seemed more logical and was a better approach to the problem but was still not in compliance. He meets the requirement for parking, but he is in the set back on the street. Glen Bean told him it was illegal either way he did it. Nyle Fullmer moved we give him a special use permit. The motion was seconded by Farrell Young. Aye: Farrell Young, Brad Liljenquist, Darlene Petersen, Nyle Fullmer, Bruce Sutherland. Nay: Glen Pond. 4. During the first several months of 2006, numerous discussions were held between the owners of Buena Vista Apartments, prospective buyers of the property, and City Staff. Based upon the foregoing research and findings, the existing hard surface being used by Buena Vista was deemed to be grandfathered as nine (9) non -conforming allowed parking spaces. The number of students was found to be grandfathered at 16 plus management.