HomeMy WebLinkAboutCORRESPONDENCE - Cox, Dowanna - 355.5 W 2nd S - CUP for dorm. in MDRMAY -30-02 11:45 AM
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May 30, 2002
Larin and Dowanna Cox
355 % West 2nd South
kcxburg, Idaho
83440
VALLEYPROPERTIES 3591424
(11 %1 J �(-DCt. I VO4T
ke: Shirley Properly on 4`h West
Dear Mr. & Mrs, Cox,
STATE OF IDAHO
P.01
Pp. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359.3020
Fax (208) 359-3022
e-mail rexburgC7n srv.net
It is our understanding that you are in the process of acquiring portions of the Shirley Property on
south 4'h west and will be expanding the use in the future by possibly adding an additional 4 -plea,
Because the site is already used for numerous rental properties the uses as exist are grand fathered
or are in compliance with city ordinances. If, in the future, the additional 4-plex is constructed a
paved access road into the site and to the new 4-plcx must be constructed. The city will not issue a
Certificate of Occupancy on any new structures on the property until the paved access has, been
constructed. The modification of existing structures will not require the access to he constructed
unless the number of living units increases by more than one ( I ) unit, I f one of the exist ing houses
in modified from a single living unit into a duplex the construction of the road would not be required
Ell that time.
Ifyou have any questions please contact my office of the planning and zoning office.
" �crely,
ohn W.Millar P.E./LS,
'ubiic Works Director
Monday, July 28, 2003
Dowanna Cox/Alan Shields
200 South 1430 West
Hurricane, Utah 84737
Ref: 355'/2 West 2nd South
Rexburg, Idaho 83440
Dear Dowanna & Alan,
P.O. Box 280
12 North Center Street
0 aavhurn Id°hn a0nnn
Phone (208) 359-3020
STATE OF IDAHO Fax (208) 359-3022
e-mail rexhurg@srv.net
It has been brought to our attention that the requirements for a site plan and Conditional
Use Permit for three apartments at 355 1/2 West 2nd South have not been met. This is in violation
of Ordinance 725 which defines the Zoning requirements for multiple family housing in
Rexburg. The Planning Commission reviewed the requests on July 10, 2002 and August 01,
2002 requiring completion of the following 6 items before a Conditional Use Permit could be
issued. The attached Memorandum indicates that the Planning Commission Office and Building
Department reviewed the requirements on June 18, 2003 finding several deficiencies.
1) Require a hard surface with drainage approved by City Staff
2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas
3) Abandon the 4h west access to the units
4) Provide access from 2nd south as the primary access to the units
5) Obtain legal access to 2nd South
6) Paragraph B-4 and B-6 on Page 53 of the Planning and Zoning Ordinance Book
(B-4) Not create a nuisance or safety hazard for neighboring properties in terms of
excessive noise or vibration, improperly directed glare or heat, electrical
interference, odors, dust or air pollutants, solid waste generation and storage,
hazardous materials or waste, excessive traffic generation, or interference with
pedestrian traffic.
(B-6) Not generate traffic in excess of the capacity of public streets or access
points serving the proposed use and will assure adequate visibility at traffic access
points.
The Occupancy Permit has never been issued to the property owner. Therefore, in the event the
applicant wants to continue `Dormitory Style' housing in the three units, the applicant is
required to Re -apt) for a Conditional Use Permit with the City of Rexburg. The home can be
used as a single family residence with current approvals.
The units must be vacated immediately as `Dormitory style' housing pending approval of a
valid Conditional Use Permit and an Occupancy Permit for Dormitory style housing. If you
have any questions please contact me at City Hall or call me at 359-3020 Ext. 313.
Respectfully,
CITY OF REXBURG
-BQ �.
Blair D. Kay
City Clerk
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August 15, 2002
Do warm Cox
355'h West 2"d South
Rexburg, ID 83440
Dear Ms. Cox:
STATE OF IDAHO
��le Gory �
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
-Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburg@srv.net
We have allowed a building permit for 355 %z West 2"d South for three units under the zone of
MDR (Medium Density Residential). The Planning and Zoning guidelines for Rexburg indicate
that MDR zoning may have by right the following:
1) Two, three, and four family dwellings
2) Limited home occupations
3) Child car centers and nurseries
We have allowed a building permit at this location for three units. These units are allowed up to
four individuals that are meet the following definition:
Family. One or more persons occupying a dwelling unit and living as a single, nonprofit
housekeeping unit, provided that a group of five or more persons who are not within the
second degree of kinship shall not be deemed to constitute a family unless such five or
more persons are handicapped persons as defined by the Idaho Code 67-6531 or as
defined in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Act
Amendments of 1988.
Your request for a Conditional Use Permit to allow additional students at these units is scheduled
for Public Hearing before the Planning and Zoning Commission on September 5', 2002.
The following items will have to be resolved before an Occupancy Permit will be issued from the
City of Rexburg for either family housing or student housing per the minutes for the Planning
and Zoning meetings on July 10, 2002 and August 1, 2002.
REXBURG PLANNING & ZONING
July 107 2002
7:00 p.m.
Conditions for Occupancy Permit for 355 '/2 West 2"d South.
1)Stephen Zollinger - Discussed the need for an engineered site plan drawn to scale. There is no
right of way indicated on the site plan. Parking and driveway are required to be on a solid
surface. Discussion on the neighbors using the same private driveway as the students. Lighting,
fencing and parking lot drainage was discussed.
Steve McGary made a motion to accept the site plan with conditions:
1) Require a hard surface with drainage approved by City Staff
2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas
3) Abandon the 4' west access to the units
4) Provide access from 2nd south as the primary access to the units
DaVawn Beattie seconded the motion, all voted aye, none opposed. The motion carried.
REXBURG PLANNING & ZONING
August 01, 2002
7:00 p.m.
Old Business: Request for Conditional Use Permit - 355.5 W 2"d S -Do wanna Cox
Kurt Hibbert - Reviewed the location on the overhead screen. The application is for a triplex. Kurt
reviewed the Conditional Use Permit request that was not addressed at the July 10, 2002 P&Z
meeting. The Commission discussed the site plan request at that meeting. The request for a
three unit site plan was approved with conditions outlined in the July 10, 2002 meeting as
follows:
1) Require a hard surface with drainage approved by City Staff
2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas
3) Abandon the 4' west access to the units
4) Provide access from 2"d south as the primary access to the units
Discussion on the applicants need to meet conditions on page 53 of the Planning and Zoning Ordinance
Book.
Paragraph B-4 and B-6 were mentioned. The applicant needs to gain legal access to 2°d South.
Discussion on the number of units approved and the number of unrelated family members allowed per
unit.
Winston Dyer — Indicated that this request should be remanded to a public hearing.
Steve. McGary made a motion to send the request to Public Hearing before the Planning and Zoning
Commission for a conditional use permit at 355.5 West 2"d South contingent upon meeting the
following conditions:
1) Require a hard surface with drainage approved by City Staff
2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas
3) Abandon the 4' west access to the units
4) Provide access from 2"d south as the primary access to the units
5) Obtain legal access to 2"d South
6) Paragraph B-4 and B-6 on Page 53 of the Planning and Zoning Ordinance Book
(B-4) Not create a nuisance or safety hazard for neighboring properties in terms of
excessive noise or vibration, improperly directed glare or heat, electrical interference,
odors, dust or air pollutants, solid waste generation and storage, hazardous materials or
waste, excessive traffic generation, or interference with pedestrian traffic.
(B-6) Not generate traffic in excess of the capacity of public streets or access points
serving the proposed use and will assure adequate visibility at traffic access points.
DaVawn Beattie seconded the motion.
Those voting ave
Ted Whyte
DaVawn Beattie
Mike Ricks
Steve McGary
Jerry Hastings
Mary Haley
Jacob Fullmer
The motion carried.
Those who abstained
Robert Schwartz
Doug Smith
Those who opposed
None
The forgoing conditions are copies of the minutes from the Planning and Zoning meetings. The City
recommends strict compliance to these conditions before requesting a Occupancy Permit.
Please contact me at my office or call 359-3020 Ext 313 as soon as possible.
Yours truly,
CITY OF REXBURG
Blair D. Kay
City Clerk
FROM
FAX NO. :1-435-635-9457 Jun. 14 2002 04:00PM P2
June 14, 2002
Dear Rexburg City Planning and Zoning,
We are changing the home at 355'/2 W. 2"d S. into a duplex
to be used for BYU-I student housing. We will be finishing the
basement and garage and rent to fourteen students. We have
plenty of space for parking etc. See enclosed site plan.
Val has been to the home to let us know what needs to be
completed.
Sincerely,
Larin and Dowanna Cox
August 15, 2003
Larin and Dowanna Cox
200 S. 1430 W.
Hurricane, UT 84737
Subject: Cox Apartments CUP
Dear Larin and Dowanna,
r
1 P.O. Box 280
Q ly 12 North Center Street
Rexburg, Idaho 83440
PHONE (208) 3533020
STATE OF IDAHO FAx (208) 359-3022
E4ML cityhall@ci.rexburgJd.us
This letter is to document our meeting this morning and to communicate the items agreed upon.
We met today for a follow up site inspection to verify compliance with the terms of the
conditions required for issuance of a Conditional Use Permit.
You have complied with the conditions as follows:
Existing access from 4th West has been vacated for use by the tenants of the units. The
managers will continue to use the existing access off of 4h West. The tenants will not use
this access.
Property has not been fenced on the parking lot bordering the Wilson Property. It was agreed
that the 20 foot access easement (greenspace) could serve as the required buffer with the
agreement of the Wilsons. If Wilsons are not in agreement with this solution then a fence
would be required. In any case the parking lot will be developed so as to preclude access
from the tenant parking lot onto the Wilson property (Concrete Parking Barriers and/or an
earthen berm). The parking lot has been striped for occupancy of 13 students with the 2
Managers parking in the front driveway.
Property has been fenced along the south property line bordering the Calder Property and
meets the buffering requirements.
The existing northern parking lot access onto 2°d South has not been paved as is required by
ordinance. It was agreed that this access will be paved at the time -of development of the Cox
property to the South or by September 1, 2005 which ever comes first.
With the Wilson agreement to the discussed buffer you may be issued your Occupancy and
Conditional Use Permit. If you have any questions please do not hesitate to call.
Sincerely,
7�-7
Ku Hibbert
City of Rexburg / Planning and Zoning Administrator