HomeMy WebLinkAboutWRITTEN RESPONSE LETTERS - 154 Rosewood - CUP for non-family housing for 4 studentsAugust 20, 2001
Rexburg City Planning and Zoning
Rexburg, Idaho 83440
Dear Friends,
My family and I moved here two years ago when I accepted a position as a physics professor at
Ricks College. We bought a home on the northeast corner of 2°a South and 3` East, with
undeveloped property over our back fence. We bought where we did so as to be far enough away
from the college to be away from the students, but close enough for me to walk to work. We
were assured that the undeveloped property behind us would not - could not - be used for
apartments. Our three young children would then be able to walk to Lincoln Elementary school
across the street, and play down the Rosewood cul-de-sac with their friends without a lot of
traffic.
I am vigorously opposed to apartments renting to groups of singles in our neighborhood. Traffic
and parking are always problems, regardless of whatever steps are taken. College-age singles keep
hours and company that are inconsistent with the character of neighborhood I want to raise my
kids in. Eight families with a total of twenty children under the age of ten live in the vicinity
(within three houses) of the proposed apartment, which I understand would require a zoning
variance. Current occupancy rates show a need for more married student housing in Rexburg, but
not more single student -age housing apartments. The City of Rexburg Comprehensive Plan:
Rexburg 2010, projects growth in Rexburg requiring additional residential housing and additional
multiple -family housing in areas detailed in the Plan. Mixing multiple -family and residential living
areas creates present and future problems for both constituent groups. Consideration of the
Comprehensive Plan becomes even more important now that it has been shown to be
conservative in its growth estimates in light of the announced transition of Ricks College to BYU-
Idaho. If zoning and planning are neglected now, as the projected 100 additional faculty and staff
are added in the university community alone, attractive residential neighborhoods will be ruined.
A Rexburg like this cannot expect to be able to attract and retain community -minded citizenry and
families.
If we could be assured, as the application claims, that the apartment would only be used for live-in
nurses or relatives of the applicant, that would be a different matter entirely. I am afraid though,
that once Pandora's box has been opened, the furies cannot be re -interred.
If you ignore the laws, ordinances, city planning and wishes of the people in allowing this
variance, you will ruin our neighborhood. Please do not allow business interests to run roughshod
over our rights as property owners and our wishes as neighbors and families.
Sincerely, / Q- ^
J� ,� ,
Brian A. Pyper UW�J
Professor, BYU-Idaho Dept. of Physics
Scoutmaster, Troop 215
175 S. 3`' East Rexburg, ID 83440-2003
August 22, 2001
Planning and Zoning Committee
City of Rexburg
12 North Center
Rexburg, ID 83440
Dear Planning and Zoning Committee:
My name is Corey Barnard. I live at 272 E 2"d South, Rexburg.
I am testifying before you today in opposition to the request of a conditional use permit at
154 Rosewood Drive to allow up to 5 or 6 students to rent the basement apartment at said
address.
Not more than a year ago several area residents and myself had a meeting with the Police
Chief for the City of Rexburg. Our discussion points were the traffic and excessive
speeds with which that traffic posts on a regular basis on Second South. There have been
numerous accidents and several near misses with pedestrians not to mention many
animals getting run over (including my daughter's dog) due to vehicles traveling at
speeds much higher than the posted limits. Although the Chief was very responsive to
our concerns, the bottom line was that the City only has so many resources available to it
and at the present time he did not think there was more that the City could do to curb the
excessive speeds. Some possible solutions for the future would be for residents to collect
license plate numbers and call them into police; and secondly the Police department was
going to write a grant to buy an automatic speed indicator similar to the one that BYU
IDAHO is using around their campus.
Given the limited resources of the City and their inability to police the high speeds on
Second South I find it necessary to request that you not approve the above mentioned
conditional use permit. Five or six additional students traveling several times a day on
Second South coupled with the traffic of an occasional friend or two would seriously
impact the safety of an already dangerous city street.
Thank you very much for your time and consideration of my testimony.
V
City of Rexburg
12 North Center
Rexburg, ID 83440
To Whom It May Concern:
This letter is written regarding the Conditional Use Permit applied for in behalf of 154 Rosewood,
Rexburg, Madison County, Idaho. The Conditional Use Permit application proposes occupancy in said
basement apartment for four single tenants. The proposed application fails to meet various Standards
Applicable to Conditional Use Permits (City of Rexburg Zoning, Ch.6, Sec.6.13), including but not limited
to standards (3),(4), and (7). Specifically, this letter will address issues of congestion, safety, and parking.
1. Congestion
Rosewood Drive consists of ten single family homesites located on a culdesac street.
Conseaquently, all traffic to and from Rosewood Drive is obtained through the Rosewood Drive
and 2° South intersection. The approval of this Conditional Use Permit will generate substantial
traffic on this quiet culdesac drive, resulting in significantly increased congestion. Suppose each
of the ten homesites on Rosewood Drive own two automobiles; this would result in a possible
total daily traffic flow of 20 automobiles. Next, consider the addition of four automobiles
resulting from the CQUditional Use Permit occupants. Then consider that the owners of the
adjacent property, Q Rosewood, also plan to apply for a Conditional Use Permit to house four
tenants. This brings our daily traffic flow up to 28, which constitutes a 29% change in daily traffic
resulting from occupants of the Conditional Use Permits. An overwhelming 43% of daily traffic
would result from just two of the ten homesites. The proposed combined additional traffic poses
great concern because it creates both safety risks and parking overflow. Specifically, this violates
Standard (4), which states any Conditional Use Pemmit shall "Not create a nuisance or safety
hazard in terms of...excessive traffic generation.".
2. Parking
Upon scrutiny of a Rosewood Drive map, it becomes apparent that the street has little room for
automobile parking. In fact, there is not room for automobiles other than would normally be
associated with a single-family residential neighborhood. Two of the proposed four tenant
automobile spaces outlined in the Conditional Use Permit application do not meet current Parking
Regulation. Spaces Ill and #4 violate several Parking Regulations, including 5.5 Parking Plan
Required "A", "G" and "I", and 5.6 Location of Parking Areas.
Parking of four or more uncovered automobiles in the driveway and setback area of 154
Rosewood Drive drastically changes the overall appearance of the street and surrounding homes.
This conflicts with standard (3), which states the permit shall "Be designed and constructed in a
manner to be harmonious with the existing character of the neighborhood ...... Furthermore, any
automobiles other than tenants' shall have to park on the street sides. The only parking available
on street sides lies directly in front of or next to neighboring properties to 154 Rosewood Drive.
Assuming again that each homesite has two automobiles, there is ample off-street parking for
visitor traffic normally associated with single family dwellings (two spaces in each driveway).
However, there is no visitor parking at 154 Rosewood. Although it is not required to provide
visitor parking, this problem constitutes a direct violation of LDRI zoning in that it creates high
levels of street side parking. In addition, it is both a nuisance to neighbors and a safety hazard.
lal
Assume each of the ten homesites receives visitor traffic, along with each tenant in Wand 154
Rosewood Drive. This increase constitutes a substantial 44%in visitor traffic for which there is no
parking except street side. Obviously, additional automobiles parked along street sides will
obstruct drivers' views of pedestrian (specifically children) traffic. Again, this violates Standard
(4) in that it "creates a nuisance [and] safety hazard for neighboring properties..:'.....". Excessive
street side parking in front of residential homes is not "harmonious with the existing character of
the neighborhood" (Standard (3)). At this time, there are no existing plans to effectively buffer to
screen adjoining homes from the said adverse impacts of traffic and parking (see Standard (7)).
3. &Lety
Rosewood Drive consists of single-family dwellings, the majority of which house small children.
Homeowners consider our culdesac street to be an ideally safe, dead-end drive where children may
play without threat of harm. The proposed Conditional Use Permit will, as noted above, create a
substantial increase in the flow of traffic on Rosewood Drive. This increase in traffic must be
considered a safety risk for our families and neighborhood. In this respect, the permit would
violate Standard (4), which states the Conditional Use Permit shall "Not create a nuisance or
safety hazard for neighboring properties in terms of ... excessive traffic generation". Excessive
street side parking constitutes a nuisance in that it generates noise as tenants and visitors park their
automobiles along adjoining properties. More importantly, the streetside parking detailed above
will be located along adjoining homeowners' front, side and back yards. The parked automobiles
obstruct drivers' views in a residential neighborhood in which children play.
Additionally, Rosewood Drive is located directly across the street from Lincoln Elementary
School. Consequently, children cross both Rosewood Drive and 2 South at this crucial
intersection. A substantial increase in the traffic flow in and out of Rosewood Drive must be
considered a safety risk for those children, many of which walk to and from school using the said
intersection. The approval of this Conditional Use Permit will have an area of impact much larger
than 300 feet in that it will affect the families of all those whose children use the 2°d
South/Rosewood Drive intersection to attend Lincoln Elementary. Again, the proposed permit
conflicts with Standard (4), which states the permit shall "Not create a nuisance or safety hazard
for neighboring properties in terms of .. interference with pedestrian traffic."
We are certain that the City of Rexburg is interested in taking the best course of action in serving the
overall good of its citizens. We recommend that the Conditional Use Permit for 154 Rosewood Drive
be conditionally approved for a maximum of two (2) occupants. This conditional approval would serve
the good of everyone involved in that it will allow 154 Rosewood to use the basement apartment while at
the same time be in accordance with zoning ordinance, protect the character of the surrounding
neighborhood, and foster the safety of the neighborhood. Thank you for your consideration.
Sincerely,
Lesko
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155 Rosewood Drive
Rexburg, ID 83440
August 20, 2001
City of Rexburg
12 N. Center
Rexburg, ID 83440
Members of the Planning and Zoning Committee:
This letter is written regarding the Conditional Use Permit applied for in behalf of 154
Rosewood Drive, Rexburg, Idaho. The proposed parking plan for the required permit
violates various Parking Regulations found in the City of Rexburg Ordinance Book,
Chapter five. Specifically, spaces #1 and #4 violate 5.5 Parking Plan Required "A", "G",
and "I", and 5.6 Location of Parking Areas.
Enclosed you will find a copy of the proposed parking plan for the Conditional Use
Permit applied for in behalf of 154 Rosewood Drive. It is important to be aware that the
dimensions given in the plan are inaccurate. The dimensions in red represent more
accurate dimensions and additional pertinent information, such as entrances and exits to
the site. These figures will be referred to in regard to parking spaces.
Section 5.6 Location of Parking Areas states "In residential zones, required parking
shall not be permitted in the required front yard or the required side yard facing a public
street. Such yards shall be dedicated to landscaping and driveways". Parking Space #1
directly violates this regulation in that it is located in the front yard facing a public street.
In other words, it lies within the 25 -foot area in front of the home; this area does not
allow required parking to be met for Conditional Use Permits. Additionally, space #1
violates Section 5.5 Parking Plan Required "A", which states "each required off-street
parking space shall be at least (9') in width and at least (18') in length, exclusive of
access drive and aisles. Parking space #1 is a mere 4 feet 6 inches in width.
Additionally, if parking spaces 42 and #3 were 18 feet in length, that would leave only 7
feet (25 foot drive minus 18 foot space) for an automobile parked in #1 to maneuver
within to exit the space. This is obviously not adequate room. Last, space 91 would
violate 5.5 Parking Plan Required "G", which states "No parking area, except those
designed for single family homes, shall be designed or constructed to create a situation in
which vehicles back into the public right-of-way". It is apparent that space #1 violates
several regulations; therefore, we request it be denied use as a proposed parking space.
Proposed parking space 94 also violates several regulations. First, the space is only about
8 feet 8 inches wide. This does not meet the required 9 foot width given in Section 5.5
Parking Plan Required "A". Any driver parking an automobile in this space would not
be able to adequately open the driver side door; it would hit against the side of the home.
Additionally, the space must be backed out of to obtain access to the public road. Again,
this violates 5.5 Parking Plan Required "G". Most importantly, the entrance and exit to
the residence is on the back side of the home (please refer to map). This entrance/exit to
the site has a brick path running from the door of the site over to proposed parking space
#4. Obviously, there is no room available to park an automobile and have a walkway for
tenants when given a mere 8 feet 8 inch space. This combined use for parking space #4
as both a parking space and a walkway is both inappropriate and unlawful. Therefore, we
request that space #4 be denied use as a proposed parking space.
Upon scrutinizing the entire parking plan, it becomes apparent that 5.5 Parking Plan
Required "I" is also of concern. If spaces #1,2,3 and 4 were to be kept clear of snow,
along with the accessway to #4 and the circle drive, where would snow be stored? It is
apparent that there is no adequate snow storage location. We request that a plan for snow
storage be required; a plan that would not encroach on neighboring properties' snow
storage locations.
Proposed parking spaces #2 and #3 meet parking requirements. However, the parking
spaces required for the Conditional Use Permit could not block those required for the
owner. Therefore, either proposed parking space #2 or #3 would have to be switched
with what the proposed parking plan shows as owner parking (see change on plan written
in red). Additionally, at this time one space shown as owner parking is being used for
storage. In order for the owner to meet the requirement of two spaces as outlined in 5.8
Table 3, that space would need to be cleared of storage. If this requirement is met, then
there are a maximum of two (2) spaces that meet City of Rexburg Parking Regulation.
Therefore, we request that a Conditional Use Permit be restricted to a maximum of
two (2) occupants. Thank you for your consideration.
Sincerel ,
Johnson T. and Cory L. Webb
enclosure