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HomeMy WebLinkAboutP&Z MINUTES JUNE 27, 1990~~ Those present: Chairman: Members: Arriving at 8:20 PLANNING & ZONING 6/27/90 John Millar Mary Ann Mounts ban Hess Chuck Frost Scott Mortensen Chris Mix Excused: Mike Larson and Jim Long are out of town. RE: APPROVAL OF MINUTES A motion was made by Dan Hess and seconded by Mary Ann Nounts to approve the minutes of the provious meeting. All Aye. RE: MOTION PASSED FOR A VARIANCE FOR THE KNIGHTON'S SHED. U Sandra and Richard Knighton was at the meeting to request a variance for a shed to be four feet from the property line instead of five feet. Their property is at 975 Westwood. They did not understand the regulations when they got their building permit and started to build before the inspector checked it. They presented a letter from the neighbor next to the shed, who was not opposed. The shed was 8 X 16 feet. They had built the shed on railroad ties and have it bolted down. John Millar said he did not think that the board was against a variance, but they would have to go through the process. A motion was made by Scott Mortensen and seconded by Mary Ann Mounts to recommend to the City Council that a variance be given to the Knightons. All Aye. Mayor Boyle was at the meeting and said he would do a telephone pole of the council members and then if it was okayed, they would advertise and hold a public hearing on July 18. RE: REQUEST FOR A ZONE CHAIQGE ON 'SHE SOUTH SIDE OF BLOCK 37 Joe Romney was at the meeting to request a zone change on the South side of block 37 that the zone be changed from C-2 to R-3. He presented a petition that he had taken around. There is a problem trying to finance the home as it is zoned commercial. Re Nee Mc Gee stated that as she surveyed the area, she felt that it was residential. Mary Ann Mounts said we have too much commercial property. Re Nee said we need to zone for demand and land use. This area is such and could be changed to residential. It is poor planning to consider changing the zone and schedule an informational hearing on July 25 at 8:00 P.M. A11 Aye. RE: COTTAGE APARTMENTS Next item on the agenda is the Cottage Apartments. ~~~ 1 Steve Clark stated that he had gotten an application to build a retaining wall but was told by the Judge that Mr Farmer wanted to stop the retaining wall, so he had stopped until he found out different. Mike Kam, Attorney for Greenbrier and David S Messenger, Engineer for Greenbrier was at the meeting. Greenbrier had filed a restraining order before the wall was put in because they wanted to do something to correct it. Mr Messinger and also Mr Kam presented facts. They presented facts from the building code and zoning ordinance against the construction. Kam said it is disturbing to see the construction going on and then having to go back and correct it. Kam stated that construction had been going on since '$9 with no permits or plans until recently, no record of inspection now the structure is up and the footings are poured and we look for a way to accomodate him rather than to find out what does the code say. So now we are going to create some magic and put a wall around- it, fill it full of dirt and say the first floor is gone we have a two story structure. The City has gotten in a fix because they have let it go and now we are trying to figure out how to put it together to fix it. John Millar stated that the City feels that they have been on top of • it . Glen Pond stated as he .sees it if Clark builds a retaining wall he can bring the grade up so it can classify as abasement. So what we have to decide is whether that retaining wall is going to allow him to meet that requirement to make that a two story building instead of a three story building. Kam stated the way he sees it is: Can he build a retaining wall within the five foot side yard? The. way he interprets it is it says no. Does our zoning laws allow the building of an encroachment in the side yard? It is his understanding that the side yard is designed for safety. Discussion on what the UBC addresses as the grade and the interpretation. Is this wall within the five foot side yard? Kam expressed the frustration the Farmers have felt and perhaps some of the adjoining property owners. If you look on the north side most of the sidewalk is below the footings. Mr Clark denied it. Kam told the group to get qualified people out there and do your inspections and do the things that need to be done. Do it right. Steve Clark- In that area because of lava, many of the homes there have a steep front yard and side yards because of the need to have a basement. He said he could either bring the dirt up with the retaining wall in the back or in the front yard to qualify for a two story building. He discussed the stories of the buildings and the UBC. We have had the building inspector each time we have done anything. The. • alligations that there are no inspections are wrong. Mary Ann Mounts stated that for the record she was against this construction. If it is three story it is three story and does not a~g comply. She did not want to go on record as part of a recommendation that you could raise the grade. She had gone up there today and it does not look good. Chris Mix agreed with what Mary Ann said, she did not want to go on the record as saying he could throw dirt on it to make it a two story building. Mary Ann said she was not in on it when it was started. She felt like it was a mess. Chris told Mr Clark he was talking about his grade and his piece of property and your specific problem, but as a board we need to look at the City. If you throw dirt on it to change the grade, we are not doing anything for the neighborhood and the City. She did not agree with his throwing dirt to meet the zoning. Mayor Boyle said the question is going to be does she meet the zoning laws? Clark argued that he could put dirt in his front yard and qualify. Glen Pond said he was not sure that by throwing the dirt up you could raise the grade. If you go ahead and construct it and get it finished and we either fight it out in court or we make the determination from the inspector that it does not qualify by bringing dirt to bring up the • grade then you won't get a certificate of occupancy. You won't be able to rent those units out and nobody will be able to live in those top units. I would think it would be prudent that you do something to protect yourself or not build them. He said he was not sure that by throwing the dirt up that you can raise the grade. Steve Clark again argued that he was correct with the UBC. Chris Mix told him there is a difference between man-made grade and natural grade. Mr Messinger- He had two points concerning the construction. (1) Mr Clark states that everything he is doing is under Glen Bean's nose, however in the report of Mr Meyer's inspection there were 17 violations. in the framing. It has been stated that all of those violations have been corrected. He did not think they had been corrected. (2) Most of the work done there and that was done in '85 and '86 were non- complying with the building code. There were no plan inspections, plan fees payed, no documentation, document reports or plans with approval on them. John Millar told him we do not have a plan approval process. Messinger stated the plans that were drawn by a non-architect don't even comply with the UBC They don't represent the work that is being done. There is a lot of scabbing and band-aiding over to cover up the • fact that it is a three story structure. Mr Messinger said he had no fear of how a court of law would deem this attempt to through dirt up --. ~' '" around this structure to make a two story building out of it. From what he has seen it doesn't meet the fire regulations for UBC. Steve Clark argued against this. John Millar- to sum this up he did not think we could do anything tonight. He asked J. D. Hancock if the board needed to act on it. J. D. Hancock said the question on the retaining wall is if it meets city code. Chuck Frost told Steve Clark that the thing that everyone is concerned about is the construction that you are doing is so close to the letter of the law that everyone is concerned whether it will be finished well within the letter of the law. He told him he would be well advised to be sure everything he does is more than the letter of the law because the Planning & Zoning and building inspector can't be there on Clark's job all day, every day. He advised him in the strongest way he could that to be sure that whatever he builds he goes more than the minimum requirements of the law. There has been enough things happen on the project that have been so close to the letter of the law that your neighbors are concerned and the city is concerned and we don't want to have you in litigation with the city and with your neighbors. He advised him to be well over on the safe side. Mayor Boyle asked for an opinion from the group, who in this area is qualified to make a decision of a two or three story building, we need to have someone qualified. A discussion followed. Messinger stated that we need a complete set of plans showing the grade that is intended. John Millar stated that in past meetings we had made the interpretation that if 50~ was buried it would be a two story building. We did not make a determination if it had to be artificial or natural. Kam stated that the process and what we are going through tonight only emphasizes the kind of problem we are talking about. Construction went on and someone had to come back and fix it. He suggested make a two story building a two story building and make it comply. Do what we know is right in the UBC & Planning Code, and compliance. John Millar stated that retaining walls had been built all over town. They had built one at their firm as well. As far as the UBC the retaining wall is in compliance and would be allowed. Mr Farmer stated that they had discussed the drainage problem. In the winter it drains on the sidewalk and freezes. He had talked to Mr Clark and asked him to hire an engineer to work out the drainage behind the building and he refused to do it. He did make an attempt to do it • himself but was never completed. He asked him to put up rain gutters. He attempted to do it and they fell off. There is one thing after another that concerns them about their safety and property value. John Millar told Mr Clark that the drainage problem will have to be addressed. You cannot put drainage onto someone else's property. Positive measures will have to be taken to take care of it. After a loud disrespectful discussion by Kam and Messinger, Scott Mortensen told them that they needed to have more respect and asked for it. Mayor Boyle stated that we would have J.D. Hancock get an opinion on the UBC. If there is any difference the council will move on it. RE: RICKS PALMER ADDITION A final plat on the Ricks Palmer Addition was presented by John Millar. Because of the conflict of interest, he asked Chuck Frost to take over the chair. The board reviewed and discussed the plat. A motion was made by Chris Mix and seconded by Scott Mortensen to approve the final plat as drawn and that Gary and Nina be paved with curb, gutter and sidewalk and that any future development follow the preliminary plat. All Aye. RE: ALBERT50N'S ADDITION Plans for Alberson's addition was presented. John Millar stated that it is within the zoning requirements. There is an utility easement through there that will have to be abandoned and the water and sewer lines will have to be relocated at their expense. More discussion on the Clark Apartments. The board Recommended tkiat from now on any unit from a duplex on would have to have an architect draw the plans. Chuck Frost asl~ed that we have the Idaho Fa1is inspector do inspections and that we get expert people in to check it. RE: PROGRESS OF THE ZONING ORDINANCE Ra Nee Mc Gee reported on the progress of the zoning ordinance. She presented a map that she had color coated with recommendations. She had been trying to locate and indicate the actual land uses. It was discussed when to hold the neighborhood meetings. A probable month would be September. Meeting adjourned. •