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HomeMy WebLinkAboutP&Z MINUTES JANUARY 26, 1983MITdT_IJF S OF THE PLADIrIING BOARD `MEETING ~ January'26, 1383 A meeting of the Planning ar..d Zoning Committee for the City of Rexburg, `ladi_son County,. held January 26, 1983, at r_he City Na11. Present were the following: Chuck frost, Chairman Gerald Taylor Marv Lee Hill Jim Keller Dan "rless Bob Purrington Leonard Longhurst Chuck Frost said there was three iterls on the agenda. The first one was to welcome Gerald Taylor officially or. the Planning and Zoning, appointed by the City Council. Chuck Frost said the second item on the agenda was a request from Ken Benfield for a variance on some property on Millhollow. The procedure for variances in the city are that the request is made to Planning & Zoning and the Planning & Zoning hears the issue, if they feel the variance has benefit to the city and to the neighborhood in particular, tb.en the planning and zoning can make a recommendation that the variance be granted and then it goes to City Council who schedules a Public Hearing if there is still no problems with it then the City Council can grant the variance. Chuck Frost asked the Planning & Zoning to refer to their handout, which was a copy of the State Code, of how the City Zoning works "A11 plats situate within an officially designated area of city impact as provided for in section 67-6525. Idaho Code, shall he administered in accordance with the provisions set forth in the adopted city or county zoning and subdivision ordinances having jurisdiction." This particular piece of property that is being talked about is partly in the city and partly out of the city. "The impact area is defined as within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the city and county mutually agree upon any difference." There is no County Sub-division ordinance in Madison County so in this case the City Ordinances have presidence, and the property within one raffle has to be governed by the city. Ken Benfield presented his request. He said they had one acre of land outside the city limits that is in the one mile area. They bought it from Bob Sipherd. Gene Palmer o~,ms the land adjacent to the land. He said he would like to own and maintain a horse on his property. The property is partially in the city and partially in the county. Gene Palmer has his farm next to it with cows and horses on it. Chuck Frost told TMir. Benfield that the impact area where there is already existing livestock, is covered under a different I:ind of a rule, for example you can go around the edge of the city and in a number of areas there might be animals already within that one mile limit, but they were existing prior to the ordinance. l~[r. Benfield said he didn't thinl_c that request was unreasonable because he thought a horse would up the value of the property instead of distract from it if it is maintained properly. Mr. Benfield showed the board the two sets of Protective Covenants one of the property in the city and one for the property outside of the city limits, he was asked. if both were filed, and recorded. Jim Keller said the protective covenants for the propert~T outside the city limits would not have been recorded because there are no restrictive covenants outside the city limits. Chuck said if they had no.t been filed there ~~~ould be no zoning in force. Jim Ke1_ler said there would not be unless the property has been platted, and it had .not been platted, so there would not be any legal covenants in force. viiu ~~l _ _voL oaLU t.u~ic ~, a.7 1. 511 cc 1LCLLL ~ vu L1LC doCLLLL Ct. iLLC 11LS1. VllC was LV WCICVLLLC Gerald Taylor officially or. the Planning and Zoning, appointed by the City Council. Chuck frost said the second item on the agenda was a request from Ken Benfield for a variance on some property or_ ~fillhollow. T'r_e procedure fo-r variances in th.e city are that the request is made to Planning & Zoning and the Planning & Zoning hears the issue, if they feel the variance has benefit to the city and to the neighborhood in particular, • then the planning and zoning can make a reco:amendation that the variance be granted and then it goes to City Council who schedules a P:ablic Nearing if there is still no problems with it then the City Council can grant•the variance. Chuck frost asked. the Planning & Zoning to refer to their handout, which was a copy of the State Code, of how the City Zoning works "All plats situate within an officially designated area of city impact as provided for in section 67-6526. Idaho Code, shall he administered in accordance with the provisions set forth in the adopted city or county zoning and subdivision ordinances having jurisdiction." This particular piece of property that is being talked about is partly in the city and partly out of the city. "The impact area is defined as within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the city and county mutually .agree upon any difference." There is no•County Sub-division ordinance in 'Madison County so in this case the City Ordinances•have presidence, and the property within one mile has to be governed by the city. • Ken Benfield presented his request. He said they had one acre of land outside the city limits that is in the one mile area.. They bought it from Bob Sipherd. Gene Palmer o~~ms the land adjacent to the land. He said he would like to own and maintain a horse on his property. The property is partially in the city and partially in the county. Gene Palmer has his farm next to it with cocas and horses on it, Ch.izck Frost told P4r. Benfield that the impact area where there is already existing livestock, is covered under a different hind of a rule, for example you can go around the edge of the city and in a number of areas there might be animals already within that • one mile limit, but they were existing prior to the ordinance. r~[r. Benfield said he didn`t think that request was unreasonable because he thought a horse would up the value of the property instead of distract from it if it is riaintained properly. Mr. Benfield showed the board the two sets of Protective Covenants one of the property in the city and one for the property outside of the city limits, h.e was asked if both were filed, and recorded. Jim Keller said the protective covenants for th.e property outside the city limits would not have been recorded because there are no restrictive covenants outside the city limits. Chuck said if they had not been filed there would be no zoning in force. Jim Keller said there would not be unless the property has been platted, and it had not been platted, so there would not be any legal covenants in force. Chuck. Frost said the understanding is then t'nat Mr. Benfield is requesting a variance from t_he city ordiance that he be allowed to keep a horse on property which he owns which is adjacent to city property and in the one mile impact area. Jim Keller asked Mr. Benfield if he taas planning to fence along the city limit line. He said he already had fenced it all in. Chuck Frost said that there are areas that do allow animals, but they usually are acre lots which gives enough room so the animals are not too close to other homes, such as Rexburg Heights which is outside the City Limits. Gerald Taylor asked Mr. Benfield if he had any animals on the property now, he said they only had a dog and cat. Bob Purrington asked if there had been animals on the property prior to his purchasing the property, he said there had not been, C7 Jav ?;Til7_more was at the meeting referring. to the letter written by Bob Sihperd which all 1+~ members had a copy, "I believe this is ~aha~t we agreed over the phone ~Tonday night. We would also want to include the same restrictive covenants on any lots adjacent to the Millhollow Subdivision as are on the Subdivision so I`ve enclosed a copy of the recorded covenants." He said he had bought a piece of ground adjoining ylr. Benfield's lot, it • follows behind his house, indicating on. the map as parcel L. as indicated on the map. He said the problem with putting a horse in there is the orginal lots were 112' x lOC' and the wav his house Baas situated on the lot by the builders that developed that before he bought the house, Benfields corral is within 20 feet of the corner of his house. The `•lillhollow Subdivision was recorded with Rl Zoning, and it was his understanding when he bought parcel L. that it would be with the same restrictive covenants as everything they had in front of them. Chuck Frost asked if_ he had plans for Parcel L., Mr. Glillmore said he was planning on landscaping it and retaking a nice ioolcing lot when he finished with it. He said from his property you were able to see all of Mr. Benfield's fence posts sticking up. Chuck Frost asked P?r. Willmore if he felt that the variance change on this piece of property would deminish the value of his property, Mr. T~Tillmore said he felt it would, and. that was the reason he was opposing the variance. Richard Smith was at the meeting, he said he did nat 7_ive in the subdivision, but would like to make a few comments on it. He said he was situated in the county. He said in checking the Idaho statue he understood that the city h.ad the authority to zone within what is called the impact area, of one mile. He said he lived about ;mile south of Benfields. He said he felt strongly that allowing horses to go in the impact area would harm the Residential area, and he had talked to many of the people that border within a block of the Benfields and they are very much opposed to the horse. One person he had talked to, Annette Anderson, she lives approximately one block south of the Benfields. They raise and own horses and she felt strongly that they had made the decision when they had moved up there that they would find other areas to keep their horses and they abided by that rule, they had been tempted to get horses in, but felt i_t would be unfair to their neighbors, and at that time Mr. Bob Sipherd told them that was not allowed. He said he knew as of three or four years ago there was a provision i~ the Idaho Code under the Planning and Zoning Act that in order to grant a variance an.yo could stop a variance that Lived within so many of feet, if you had 20% of the people that did not want the variance, and it is clear that the people there do not caant the variance to occur. His opinion was that he did not want to see the variance granted. Chuck most said the procedure to grant a variance would be property owners that live within 300 feet would be contacted by someone of a neutral party representing the city to see if they were in favor of the variance. Gerald Taylor questioned Richard Smith that his neighbor Lyle Smith has horses. Mr. Smith said that the animals that Lyle Smith has have existed there since 1976, and he is 1 quarter of a mile outside the city limits. Chuck Frost said as a matter of public record he had received five phone calls of people who stated they would not be in favor of the variance. Donna Benfield said she had some more questions. She wondered about the statement about the Andersons wanting to live within the covenants, what about their 36 dogs they have in their house and having a business in their house of selling dogs. This in her opinion would be more than a family house pet. Mrs. Benfield was told that that did not have anything to do with the issue they were talking about and they should contact the "layor and City Council about it. Ken Benfield said that .lay Glillmore`s house was not 20' away, referring to the map, the corner of the property would he 20' from the corral not the house. Mr. Benfield said he had talked to a real estate appraiser who told him having a horse on the property would. increase the value of the property. Jay T,~illmore said he was a licensed Realator and it is not in his opinion-that a horse would raise the value of the property. Richard Smith said referring to the appraisal it is indertimined as to i_f a horse like to make a few comments on it. He said he was situated in the county. He said in checking the Idaho statue he understood that the city had the authority to zone ~.aithin what is called the impact area, of one mile. He said he lived about mile south of Benfields. He said he felt strongly that allowing horses to go in the impact area would harm the Residential area, and he had talked to many of the people that border within a block of the Benfields and they are very much opposed to the horse. One _~'erson he had talked to, Annette Anderson, she lives approximately one block south of the -Benfields. "'hey raise and own horses and she felt strongly that they had made the decision when they had moved up_ there that they would find other areas to keep their horses and they abided by that rule, they had been tempted to get horses in, but felt it would be unfair to their neighbors, and at that time Mr. Bob Sipherd told them that was not allowed. He said he kneta as of three or four years ago there was a provision in the Idaho Code under the Planning and Zoning Act that in order to grant a variance anyone could stop a variance that lived within so many of feet, if you had 20% of the people that did not want the variance, and it is clear that the people there do not want the variance to occur. His opinion was that he did not want to see the variance granted. Chuck Frost said the procedure to grant a variance would be property owners that live within 300 feet would be contacted by someone of a neutral party representing the city to see if they were in favor of the variance. Gerald Taylor questioned Richard Smith that his neighbor Lyle Smith has horses. Mr. Smith said that the animals that Lyle Smith has have existed there since 1976, and he is 1 quarter of a mile outside the city limits, Chuck Frost said as a matter of public record he had received five phone calls of people who stated they would not be in favor of the variance. Donna Benfield said she had some more questions. She wondered about the statement about the Andersons wanting to live within the covenants, what about their 36 dogs they have in their house and having a business in their house of selling dogs. This in h.er opinion would be more than a family house pet. ~Irs. Benfield was told that that did not have anything to do with the issue they were talking about and they should contact the ^Tayor and City Council about it. Ken Benfield said t}.at Jay Willmore's house was not 20' away, referring to the map, the corner of the property would be 20' from the corral not the house. Mr. Benfield said he had talked to a real estate appraiser who told him having a horse on the property would increase the value of the property. Jay ti~]illmore said he was a licensed Realator and it is not in his opinion that a horse would raise the value of the property. Richard Smith said referring to the appraisal it is indertimined as to if a horse would raise or lower the realty value of the property until a sale is made. He said he would be concerned that if a variance would be granted it might start a chain reaction of people wanting variances for animals. Karl Honosky was at the meeting and Chuck Frost asked him if he would like to present his request to the committee and then they would go back to the Benfield request. Kar]_ Honos?-~y was at the meeting to request a variance at 278 .West Maim, which is zoned R2. At present there is a residential house on the property, he requested to put a Real Estate Office in that house. This house is approximately 100 feet from POD's which is zoned commercial. Mr: Honosky gave the committee a handout of what reasons he felt he should have the variance. (copy attached) Chuck Frost asked him how much parking r-1 LJ U r' he had, he said there was a driveway that 'several cars could park and also there was enough on-street parlci_ng that he felt it could easily handle the parking. This house would be remodeled and used for an office. Mr. Honosky was told that if he got the variance and then sold the property the variance would not continue. The committee then again discussed the issue of Ken Benfield's variance. Chuck Frost said that there are animals within a mile of the city and as the city annexes new property and gets new sub-divisions we. are going to encroach on people who already have animals. Right now we have a number of them that are just outside the city limits. This is one part of an overall picture as we move out in the country. Jim Keller looked at the map to see if there was any access to the property to see what it could be used for_, there was no access. The Benfield's said they had bought the property with the intention of putting a horse on it. Jim Keller asked if there was room between his house and Browns house to acquire a street through to the property. Chuck Frost said- it had been discussers before and there was not room for a street. Chuck Frost said the city Ordinance does not allow livestock within the city limits. He said there will be requests in the future to plat property where people could have horses. Jim Morris said at the present the city does not want to have livestock in the city. He said he had the feeling that they would turn down any annexations of land with livestock. Dan Hess said he thought they should be sensitive of the feelings of the neighbors and also of the Benfield's. He was concerned about the neighbors and that they could live peaceable. I-?e said if the variance was granted we might open the door for others and we need to be sensitive to that. A motion was made by Jim Keller the variance be denied, seconded by Mary Lee Hill. All Aye. The request for the variance is denied, i Next they the committee discussed the variance request for Karl Honosky. Chuck Frost said one point ?'ir. Honosky had made was that that street was rapidly becoming commercial, there are already several businesses on the street. Bob Purrington said he would question if there was enough parking. Mr. Honosky said the lot size was about 100' x 150', there is a driveway that would handle 5 to 10 cars. Chuck Frost read from the Planning & Zoning Boolc the requirements for parking, "one parking space for each 300 square feet of floor space plus one for each three employees." 'Mary Lee Hi11 said there was probably only about 700 square feet in the building. A motion was made by Dan Hess that they recommend to the City Council that the two lots, the one at 278 West Main and the one next to it on the East be re-zoned commercial and that a Public Hearing be held and the neighbors all be contacted and the standard procedures for re-zoning be followed. Seconded by Leonard Longhurst. All Aye. Chuck Frost read the dates that the members of the Planning Zoning Committee were appointed Dan Hess appointed December 1978 Leonard Longhurst appointed August 1971 Jim Flamm appointed March 1978 Mary Lee Hill appointed July 1980 Chuck Frost appointed April 1977 Jim Keller appointed before the Flood Bob Purrington appointed in 1979 or 1980 • Gerald Taylor has just been appointed to fill the vacancy of Charles Cole, who moved. Chuck Frost said if the rest of the Committee want to contact him as to their feeling of staying on the board, feel free to do so. Leonard Longhurst said he spent most of his time in Island Park and would like to be released. A motion was made by Jim Keller-and seconded by Dan Hess to adjourn. All Aye.