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Home My WebLink AboutP&Z MINUTES JULY 12, 1989`~~i Those Present: Chairman: Members: Councilmember: City Cierk: Building Inspector: PLANNING Fx ZONING 7/12/89 John Millar Dan Hess Mike Larson Chuck Porter Glen Pond Rose Bagley Glen Bean A motion was made by Chuck Porter and seconded by Dan Hess to approve the minutes. All Aye • Jay Flukinger was at the meeting to discuss the parking for the new addition on Harmony House. He stated that he had originally planned to buy the house on the corner from Montayo. Montayo paid $35,000 for the property and has now jumped the price up to X60,000. Sa he has been looking for alternatives He said he was sure that they would be able. to get it in time. He said they would be within. the ordinance, however the Fire Department requires 20 feet for a fire lane. That leaves them shout 8 spots short. He said he had been in touch with Neal Brown, who bought the property across the street to the West, and ask him if they could use the property for parking. He verbally told him he did not think it would be a problem... Mr Brown had told him not to contact hips until July 14. That is the alternative plan. Mrs Montayo has about 15 feet on the back of her property that they might could buy, but it would still make it one or two spots short. {He showed the plans). Glen Pond told him that Mr Brown was suppose to come to the meeting to talk about building apartments on the property he owns on the West. Mr Fluk?nger said he did not think they would need that much parking. He would have 174 girls in the apartments. Another option would be to cut down the landscaping. He ask how serious the board was to hold him to the ordinance. Mike .Larson said the ordinance was passed because of the parking problem and sometimes apartments change from girls to boys. Chuck Porter said we can't start making exceptions to the law or we will have a problem.. He said he was sympathetic to the situation but it still needs to comply with the ordinance. Glen said in order to fair to the next guy that builds because we are going to require that he have the parking spots, in order to be consistent with everyone we need to live what we have oa the books. John Millar said if we can give him that parking across the street that will give him some time to either do something with the other lot or with the landscaping. John Millar said after 3uly 16 we will have to have something in writing that Mr Flukinger can use the parking across the street and then within a specified period of time he will have to get in compliance with the law by either acquiring the Montayo property or reducing the green belt across the front of the property, or acquire the property across the street and surface it. If you lease the property across the street for parking, when the lease is terminated you will have to work out replacement stalls for the parking. Frank Bell was at the meeting to request a zone change writ of the Rexburg Medical Center. They have proposed to buy my property for the C.LJ i4 ' is :; ~s +? ,r ASCS Office. They have not committed to buy any other property yet. He said he would like to change the zone on the property even if they don't buy his property for that office. He said he would like it changed so an office could be built there. The property is zoned. R2 now. John Millar told him if it was zoned R3 it would allow him no business activities other than customary office business. Glen Pond told i~ir Bell that the petition that had gone around was for the ASCS building only. Chuck Porter said we are talking about spot zoning., it is ail surrounded by R2. Spot zoning is something we are suppose to avoided. He said if you wanted to re-zone the whole area, I don't know how that would go over with the neighbors. Frank Bell said he had bought the property to build a house, but now he has decided he does !` not want to build next to the Medical Center. Glen Pond told him. he j would have have another petition sent around for the zone to be changed( to R3. John Millar told him we did have $0% of the neighbors. in favor of the ASCS building, but ~ would still have to have a public hearing. Zf you put another building in you have to start all over. They discussed changing the zone to R3. Chuck Porter ask Frank when he bought the property. He said he bought it in 1983. So the property j' was bought with the existing zoning. John Millar said possibly we ~(( should go ahead with a zone change. Chuck Porter said he wauid be ~_; .against a spot zoning change. Chuck Porter said the problem he is we have spot zoning all over town. Lie have areas where people can't sell their homes because it is zoned commercial. The purpose of zoning is to steer business to one area and residential to another. Sohn Millar called for a motion to approve the Limited Commercial Zoning far the ASCS office as presented. Frank said he would pursue the R3 zone later. Issue died for lack of a motion. John Millar told Frarilc it would now go before the City Council with no recommendation. { Richard Ellis and ideal Brown was at the meeting to request putting a 5 plea apartment unit on the corner of 2nd South and Center Street. {showing a drawing) Mr. frown said they would need a variance for a set back_ Glen Pond questioned Mr. Brawn. as to if the property he is talking about is the same property that Jay Fluknger wants to use for parking, and if so what are your feelings with what you have heard here. Mr Brawn said what his feelings are is how the board acts on his proposal. In order to fit the unit in and still keep the two trees and still get 13 parking spaces, it just about takes it ali. He said. he would need the zone changed or get a variance. He would need a variance on the back for 5 feet set back instead of 20 feet. He was told he would have to have a zone change to build a 5 plea, if a four plea is built then only a variance will be needed. Mr Brown said the easiest thing for them would be to change the zone to R3 with a variance.. Dan Hess suggested that they change it to a four plea and then the zoning would not have to be changed, and the building could be moved forward. Chuck Porter said he was in favor of compliance. John Millar stated the options are you can comply, or request a variance for a four plea, or a zone change and a variance and go to a five plea. Mr Brown said he would like to request a zone change and a variance. A motion was made by Chuck Porter to recommend based on the input of the neighbors to proceed with re-zoning the lot to R3. Seconded by Mike • Larson. All Aye ~8~ John Millar ask for a motion on the variance. Chuck Porter said he was not comfortable with a variance because it is not a hardship case. The board did not make a recommendation on the variance, but told him that if he wanted he could pursue a variance with the City Council After Mr Brown and Mr Miller had left, Glen Pond stated that a Zone change would not do any good without a variance. The board discussed the parking at Harmony House. Wondering how it was approved without the parking. Glen said the council was told there was enough parking. Dan said it has enough parking but no fire lane. Nile Larson understood that they was going to buy the Montayo property for parking. .John Millar stated that they can still use the landscaping far parking. The board discussed the Steve Clark apartments. A motion was made by Chuck Porter and seconded by Mike Larson that the City Council demand that Steve Clark finish his parking lot and change the entire parking layout to be in compliance and make the necessary changes on the apartments that he agreed to-make. All Aye The City Clerk was ask to write a letter to Mr Flukinger telling him of Mr Brown's plans for an apartment house. Meeting adjourned. r 1 L J