HomeMy WebLinkAboutFINDINGS OF FACT - Kay Burton - 710 S 5th W - CUP for a duplexOQe'�URC�O '/ ° /[
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December 17.2001
Kay and Aneta Burton
P. O. Box 1493
Afton, WY 83110
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STATE OF IDAHO
RE: Findings of Fact on Conditional Use Permit
Dear Kay and Aneta:
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburg@srv.net
Enclosed is a copy of the Findings of Fact for your Conditional Use Permit concerning the
property located at 1033 So. 1000 West in Rexburg.
Yours truly,
CITY OF REXBURG
Marilyn Wasden
City Clerk
FINDINGS OF FACT
FOR
CONDITIONAL USE PERMIT FOR KAY BURTON
On November 11, 2001, Kay and Aneta Burton presented to the Rexburg City Clerk a
Request and Application for Conditional Use Permit and Application for Zone Change
on property located at 1033 So. 1000 West in the City of Rexburg. The Conditional Use
Permit is for an apartment in a home located on said property, the Zone Change is a
request the property be changed from LDR1 to MDR for the purpose of building another
apartment complex.
2. On November 14, 2001, Kay Burton appeared before the Planning & Zoning
Commission for the City of Rexburg requesting the Conditional Use Permit for a duplex
in the existing home and for a Zone Change for the purpose of building further
apartments on property located at 1033 So. 1000 West.
The request for Zone Change was tabled until a zone change request on property located
nearby could be resolved. It was recommended the request for a Conditional Use Permit
for a duplex in the existing home be approved for public hearing before the Planning &
Zoning Commission with a new drawing reflecting only the one home.
On November 19, 2001, the City Clerk sent the Notice of Public Hearing for a hearing
before the Planning & Zoning Commission on December 12, 2001, for publication in
the local newspaper on November 23, and December 5, 2001, posted a notice on the
property and sent notices to all property owners within 300 feet of the above mentioned
property.
4. On December 12, 2001, Kay Burton appeared before the Planning & Zoning Commission
for the City of Rexburg requesting a Conditional Use Permit on property located at 1033
So. 1000 West for the purpose of putting a duplex in the existing home. There was some
opposition expressed concerning the neighborhood being overrun by apartments. A
motion was made to approve the Conditional Use Permit with no special conditions for a
duplex in the existing home at this address.
5. There was no opposition expressed concerning this zone change. It was recommend by
Planning & Zoning that this request be approved for public hearing before the City
Council.
—
eph n Zollinger, City Adomey
PLANNING & ZONING
November 14, 2001
7:00 p.m.
Chairman:
Davawn Beattie
Members:
Ted Whyte
John Watson
Glenn Walker
Winston Dyer
Bobbette Carlson
Ladawn Bratsman
Doug Smith
City Clerk:
Marilyn Hansen
P.F.C.:
John Millar
City Attorney:
Stephen Zollinger
Excused:
Mike Ricks
Winston made a motion to table approval of the October 24, 2001, minutes until the next
meeting. Motion was seconded by Doug. All voted aye, none opposed.
Evergreen Subdivision
Ted declared a conflict of interest. Ted discussed a new home in the Evergreen Subdivision
which has a 3 car garage and a concrete pad which exceeds the 30% landscape requirement.
This is a more narrow and deeper lot than most in the subdivision and adding the concrete pad
made this exceed the 30% requirement. Ted ask the Board how to handle this, if the concrete
should be removed or if the Board would give permission.
Discussion.
John Watson made a motion to approve the site plan as presented, seconded by Winston. All
voted aye, none opposed.
Public Hearing for Platinum Development for Annexation and Zone Change
John Millar read the Notice of Public Hearing after which he described the location of the
property. The nature of the request is for annexation with a zone change of the property north of
the river to Low Density Residential 1 (LDRI) and the property south of the river to remain
zoned Agriculture (A).
Glenn Walker declared a conflict of interest.
Discussion concerning the green space along the river, building homes along the river, any
concerns the City may have, the elevation of the ground and the flood plain area. John Millar
reviewed the flood plain map with the Board.
Doug made a motion to recommend this request for pubic hearing to the City Council for
Annexation, seconded by Winston. All voted aye, none opposed.
Doug made a motion to recommend this request for public hearing to the City Council for zone
change on the property north of the river to LDRI and property south of the river remain zoned
Agriculture (A) with a recommendation to reserve an area along the river for a green belt.
Motion was seconded by Winston. All voted aye. Glenn abstained from voting.
Randall Porter Public Hearing for Zone Change from LDRI to U
John Millar read the Notice of Public Hearing. John then described the location of the property
and the request for zone change to University (U) for use by BYU-Idaho for an alumni house.
Richard Smith representing BYU-Idaho stated this house will be used as an Alumni House with
2 full time employees, two secretaries and will be used only for alumni business. Parking will
be in the rear of the house which will lessen any impact to neighborhood.
Public hearing was opened, with no public comment the hearing was closed.
John Watson made a motion to approve the zone change, seconded by Bobbette. All voted aye,
none opposed.
Kay Burton Request for Conditional Use Permit and Zone Change
John Millar described this property which is located on the corner of 5" West and Th South and
across the street from the Jeppesen property. This parcel is just under 1 acre in size. The
request is for the existing house to be made into a duplex under a Conditional Use Permit. The
second request is for a zone change on the property to Medium Density Residential (MDR) for
further apartment units. Discussion.
Winston made a motion to table the application for zone change until the zone change request
for the nearby Jeppesen property has been resolved, seconded by Bobbette. All voted aye, none
opposed.
The Conditional Use Permit request was discussed relative to property and parking. Kay Burton
explained he wanted to remodel the existing home for student housing. In the future he would
build another building in the back for married housing which would be approximately the same
size as the existing house. Discussion.
Ted recommended this request go to pubic hearing with a new drawing reflecting only the one
home. Glenn seconded the motion, all voted aye, none opposed.
NTCH of Idaho Public Hearing for Conditional Use Permit.
John read the Notice of Public Hearing. He also reviewed previous hearing for SBA Towers in
this same location. This is a new application from a different company, this tower would be
2
PLANNING & ZONING
December 12, 2001
7:00 p.m.
Chairman:
Winston Dyer
Members:
Mike Ricks
Bobbette Carlson
Robert Schwartz
Ladawn Bratsman
Doug Smith
City Clerk:
Marilyn Hansen
P.F.C.:
John Millar
City Attorney:
Stephen Zollinger
John Millar, at the request of the Mayor, made the announcement that Winston Dyer has been
appointed as Chairman of the Planning & Zoning Committee replacing Davawn Beattie.
Winston made one correction to the minutes of November 28, 2001, adding the words "and have
been approved" to the last paragraph on Page 3. Mike made a motion to accept the minutes as
amended, seconded by Bobbette. All voted aye, none opposed.
Due to scheduling conflicts Ted and Glenn were excused.
Public Hearing on Conditional Use Permit for Kay Burton
John Millar read the Notice of Public Hearing for a Conditional Use Permit for the Kay Burton
request to make the house located at 1033 So. 1000 West into a duplex. John then explained the
history of this request for the home formerly owned by LaMar Ellis. The property is located at
the southwest corner of 5`h West and 7`h South and is approximately 1 acre in size.
The public hearing was opened.
Kay Burton - Afton, Wyoming
Kay stated he was in the process of purchasing the property if this Conditional Use Permit is
granted. They desire to rent to 8 persons, 4 upstairs and 4 downstairs. Kay reviewed and
explained the site plan for the property and described the property plan.
Randall Foster -1057 So. 5' West
Randall owns the property directly south of the property in question which is zoned LDR1. He
questioned the parking lot located south of the present house which will entail cars pulling out
onto 5`h West. He opposes any change to multi -family dwellings. He was annexed a year ago
into the City as LDRI and he feels the whole neighborhood is being taken over by apartments.
Randall is against this process being started because it will be a never ending process.
The public hearing was closed.
Discussion of the ordinance describing a two-family dwelling and what constitutes a family.
Stephen explained that four non -related persons constitute a family. Discussion on ordinance
and parking.
John Watson made a motion to approve the Conditional Use Permit with no special conditions
based on the fact that this entire area within the next few years will all be in multi -family
dwelling. Motion was seconded by Bobbette. Discussion. Voting as follows: Aye votes,
Winston, LaDawn, Doug, John Watson and Bobbette. Nay votes, Mike and Robert. The motion
passed.
Public Hearing for Annexation and Zone Change for Hidden Valley Subdivision
Chairman Winston Dyer declared a conflict of interest for this project and removed himself from
the table turning the chairmanship to John Watson.
John Millar read the Notice of Public Hearing. John then explained the location and purpose of
this request. John reported there was no problem with the City as to the nature of this request
Public hearing was opened. There was no public comment and the public hearing was closed
Doug made a motion to annex the proposed property with a zone change for Low Density
Residential (LDRI). Motion was seconded by Bobbette, all voted aye, none opposed.
Public Hearing for Annexation and Zone Change for Railroad Industrial
John Millar read the Notice of Public Hearing, reviewed the property on the map and explained
the property would remain zoned Light Industrial (LI).
Stephen explained that on behalf of the City, the request is to annex an island in the middle of
the City.
Public hearing was opened, with no public comment the public hearing was closed.
Mike made a motion to approve the request for annexation with the property to remain zoned
Light Industrial. Motion was seconded by Robert. No further discussion, all voted aye, none
opposed.
Preliminary Plat Approval for Platinum Development on 7' North or 1000 North
John Millar reviewed the preliminary plat. This property will be served by City services and tie
into existing lines, the water system has a large water line on the west side of the property, storm