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HomeMy WebLinkAboutP&Z MINUTES AUGUST 18, 2005 ORM F EQUEST R RAVEL T P&Z LANNING ONING M INUTES 19 E. Main (PO Box 280) Phone: 208-359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org comdev@rexburg.org August 18, 2005 Commissioners Attending: City Staff: Winston Dyer– Chairman Steve Zollinger – City Attorney Rex Erickson – Council Member Bethany Caufield – Secretary Randall Porter Mike Ricks Joe Laird Ted Hill Mary Haley Thaine Robinson Charles Andersen Chairman Dyer opened the meeting at 7:05pm. Roll Call 1. Minutes: August 4, 2005 Corrections listed below: -Changed the last name “Muller” to “Moeller” -Edited a comment made by Randall Porter on P. 4 -Moved the comment regarding the zoning for Area #1 to right after Area #1’s motion (from the end of Area #2’s discussion where it was stated). Randall PorterCharles Andersen motioned to approve the minutes for August 4, 2005. seconded the motion. Motion carried None opposed. . Mary HaleyMary Ann Mounts & abstained from the meeting. Joseph Laird arrived. 2. Public Hearings: Chairman Dyer announced that the meeting for the Conditional Use Permit for the basement apartment at 234 Cornell Ave. had been cancelled due to not having enough square footage on the lot. A.CUP – Basement Apartment at 446 Comanche Dr. - zoned LDR2 Chairman Dyer introduced the CUP due to the applicant and staff not being present to address the proposal. He explained that the LDR2 zone does allow for a Conditional Use Permit to be issued for an apartment within a home provided it meets the requirements of the zoning which has to do with parking and life/safety issues. This particular application was before the Commission in May and at that time they withdrew their application. Now they are back to promote and forward that particular application. They wish to rent the upstairs to family and the downstairs to a couple. They have four (4) spaces available for parking and an extra space on the side. Chairman Dyer opened the public input portion. In Favor: None 1 Neutral: None Opposed: Carrie Mills – 290 Shoshone. Her understanding was that the applicants wanted to apply for Single Student Housing. She does not have a problem with having a married couple in the basement, but feels that is not what is happening. Her interpretation was that there would be single student housing upstairs. Rick Davis – 530 Comanche Dr. He was concerned that it would be student housing instead of just a couple living in the basement. Ron Mills – 290 Shoshone. He wanted clarification of what this means if it is approved; what it allows the owner to do. He had no concerns about having a married couple, but was afraid Scott Smith – 309 Mohawk. He said that he knew it was zoned to allow a basement apartment, and asked what the need was to have the conditional use permit in the first place. Ilene Olsen - 333 Shoshone. She was wondering if there was something that said a duplex has to have a family upstairs or a family downstairs. Written Input Chairman Dyer Commissioners had received a letter from Raymond Lindstrom objecting the CUP. read the reasons for why he was opposed (refer to the Planning and Zoning packet for August 18, 2005). Chairman Dyer closed the public input portion. Chairman Dyer asked the City Attorney to clarify about the application – what they can and cannot do. He first explained that the application was a right associated with the property and zoning in the current ordinance. The discussion was on the ability of the property to exercise a right. Steve Zollinger explained that this is an application for a duplex, which means any two (2) single family dwellings contained in a single structure, so it applies to this particular request. This only allows for two families. (He read the definition of family from p. 8 of the Development Code). Six (6) or seven (7) friends moving in together would not be allowed. It used to be that any three (3) unrelated parties could be a family, but is no longer allowed. What this allows legally, if approved are two (2) families. This particular family is considering having their children live in the upstairs of this house. That constitutes a family; parents are not required to live there with them. It would allow a brother, sister and cousin to live together. It would not allow a second cousin to live with them. Chairman Dyer explained that if there was an upstairs and a downstairs, unless they were related, only two upstairs and two downstairs would be allowed to be there if they are unrelated. Thaine Robinson asked Mr. Zollinger to define why there needs to be a conditional use permit for this place. Steve Zollinger explained that all of the LDRs are defined as primarily Single Family Residences. Duplexes are allowed in LDR2 zone, but before they are able to put a duplex into an LDR2 zone, they have to come before the Planning & Zoning Commission to ensure they will have at least four (4) legal parking stalls, and to ensure it goes through the scrutiny of will it create parking issues that will negatively affect the neighbors. Conditions that the Commission puts on a Conditional Use Permit are those that are rationally related to protecting the zone. 2 Chairman Dyer commented that the conditions are listed on p. 179 and 180 of Ordinance #926 (Development Code). The Commission is free to impose other reasonable and justifiable conditions in response to the application and its potential impact. Chairman Dyer reported that staff had reviewed it and didn’t have any issues with parking, square footage or space or any of those things that would be tied into the Code. He was in favor of voting in favor of the proposal, tied to the conditions that are listed in Section 6.13 of the Development Code and that their particular permit conditioned on obtaining the necessary building approvals. Mary Haley motioned to approve the Conditional Use Permit for 446 Comanche for a duplex with the stipulation that they adhere to ordinances as written; that their duplex is approved by the City, by ordinance that Mary Ann Mounts is required for a duplex, as ordinance 6.13 on p. 179 states. seconded the motion. Chairman Dyer suggested that they tie 6.13 to the standard conditions there. Mary Haley amended her motion to include that the conditions in 6.13 be tied to the standard conditions. Mary Ann Mounts seconded the amended motion. Randall Porter expressed concern about allowing outside investors to come into the LDR neighborhoods and start buying homes to convert into rental units. He felt that the Commission is charged to be somewhat subjective. The ordinance allows the Commission to anticipate problems. The neighborhood feels it will destabilize their neighborhood and introduce a potential nuisance into the neighborhood. It is not currently occupied by the owners; it has one of the most unkempt yards in the neighborhood. He felt that the situation will get worse when additional renters are put in it. Under the Purposes and Objectives of LDR2, the Commissioners have the right to anticipate a potential problem and vote something like this down. Those in favor of the motion: Joe Laird, Winston Dyer, Mike Ricks, Ted Hill, Thaine Robinson, Mary Haley, Charles Andersen Those opposed: Randall Porter Motion carried. 3. New Business: A.Final Plat – Henderson Addition Division #2 nd Kurt Rowland – Schiess & Associates - 310 N 2, Ste. 125 – representing Bill Henderson. He reported that there were no issues in the Preliminary process for Henderson #2. All of Division #1 has been sold out now. There are twenty-nine (29) lots for phase 2. Randall Porter moved to recommend to City Council approving the Final Plat for Henderson Addition Joe Laird Division #2. seconded the motion. Mary Haley suggested including staff approval since there was no one from staff to report on the Final Plat. Randall PorterJoe Laird amended the motion to include having appropriate approval of staff. seconded the amended motion. 3 Motion carried None opposed. . B.Final Plat – Valley View Estates 6 – Phase 1 nd Kurt Rowland – 310 N 2 E, Ste. 125 – representing Bart Stevens on Valley View Division #6, Phase 1. There are presently 19 lots. They are going to try to try to squeeze one more lot in there on the north side of the street. Bart Stevens explained that they had 21 lots on the preliminary plat. They reduced that to 20, but it was drawn at 19. They will be returning it to 20 lots on the west side of Franklin Drive. There will be 11 lots instead of 10 lots on Franklin Drive – one more shown on the Final Plat, one less on the Preliminary Plat. There will be an average of seven (7) feet less for each lot. Randall Porter asked about green space. Bart Stevens explained that he discussed the pocket park with the Mayor and City Council. The earliest it will come in is with Phase 2. Chairman Dyer clarified that there will be more than seven (7) feet taken out of some lots and at least seven (7) taken out of each. He also commented that it becomes very difficult in the Final Plat phase to approve something that still has changes and asked that it does not happen in the future. Joe Laird motioned to recommend to City Council approval of the Valley View Division #6, Phase 1, Final Plat, with the condition that it meets all of the City Code requirements and the requirements of the City Departments and the change in the lot sizes meets with the approval of the staff review. Mike Ricks seconded the motion. Motion carried. None opposed. 4. Non-controversial Items Added to the Agenda: A.Review of approved Rexburg Temple Site Plan Commissioners reviewed the site plan for the LDS Temple in Rexburg that was previously approved by the City of Rexburg. Meeting adjourned at 9:05pm 4