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HomeMy WebLinkAboutP&Z MINUTES AUGUST 28, 1991i~ Those Present: Chairman: Members: Planning & Zoning 08/28/91 7:30 P. M. • • Arriving at 8:45 P. M. Council member: City Clerk: Excused: John Millar Mary Ann Mounts Chris Mix Dave Pincock Scott Mortensen Jim Long Glen Pond Rose Bagley Chuck Frost Dar. Hess A motion was made by Dave Pincock and seconded by Mary Ann Mounts to approve the minutes of July 31 and August 7. All Aye. RE: LYN ASHLIMAN - 3 PLEX APARTMENTS AT 44 W. 1ST S. Lyn Ashliman-33 West 1st South- presented a plat for a 9 plex apartment complex at 44 West 1st South for 36 girls. It would be three units 2 1/2 story high, with adequate parking. John Millar told her they could not use the set back area for narking which they had done. The set back has to be used for landscaping. The present zoning is R3 which would allow the apartment complex. The house does sit in the back of the lot and will remain and the apartments will be on the west of the lot. Mrs Ashliman said the lot is large and they will be able to adjust the parking but would like to keep all the landscaping if possible. She would like to get started before the zone changes. John Millar told her to correct the parking and bring it into the city clerk. Jahn would look to review the parking. RE: APARTMENTS BUILT BY BART JENSEN Bart Jensen with a proposed plan for apartments. The property is zoned commercial. He isn't planning to start until next summer. John told him the problem is he had requested that his property remain commercial and under the new ordinance apartments would not be allowed. John told him we need to decide which zone he wanted or move fast enough before the new ordinance. Glen Bean said a building permit is good for 180 days before construction starts. He was told if he moves ahead with it under the present zoning ordinance he was okay. RE: CONDITIONAL USE PERMIT FOR CREDIT UNION ON S. 2ND E BETWEEN 3RD & 4TH SOUTH Shane Berger representing the Beehive Credit Union - He gave the history of the Credit Union. Only College employees and families and LDS employees and their families are members. In a few years they will need to build a larger building. In order to serve the college we desire to stay as close to the college as we can. None of the property around the college is zoned commercial. The purpose of being at the ~o • meeting is to apply for a conditional use permit to build a credit union on South 2nd East between 3rd and 4th South on the east side of the street owned by Randall Porter. They are proposing to buy the lower 3rd part of the property. The property will be zoned HDR in the new ordinance. They wouldn't be building for 3 to 5 years. They are proposing to buy the property and do not own it now. They would like to know if they would be able to build on the property before they buy it. Glen Pond said when we had the public hearings the property owner had requested the zone changed to HDR and we changed it the same as he requested. He said he didn't think that the Planning & Zoning could act on it if you don't have a vested interest in the property. Shane said he didn't want to get a vested interest until he found out if he could build there. (he showed a drawing) Glen told him even under the new ordinance, he could come to Planning & Zoning and request the zoning be changed. Mary Ann Mounts said the best thing would be for Randall Porter to come in and request the zone be changed. Chris wondered if the city would like to protect 2nd East from the type of in and out traffic that the Credit Union would generate. John Millar told him the tendency in the past was not to spot zone. He was told to come back to Planning & Zoning with proof of a vested interest in the property. RE: BRUCE LANTZ PROPERTY - 145 W 2ND S Bruce Lantz - 145 West 2nd South was at the meeting. He had been requested to tear down the old buildings in the back of his property abutting Dean Birch's new apartments. It would leave a large cement foundation and he would like to replace the buildings with a new shop building. (showing plans) These old buildings and foundation are on the property line. The board discussed that it would be justifiable under the hardship due to the existing foundation, but would have to have a fire proof wall. He did not want to tear the barn completely down, it is log up 8 feet and he would leave that part and stain the logs. The shop would not be for business purpose just for a personal shop for hobbies. The run off would go on his property. Glen Bean said Dean Birch had surveyed it and the log wall on the building was on his property. Bruce said that wall would come down. John Millar stated the options we have are: That we determine that it is grandfathered as a continuing use or seek a variance on the property. Mary Ann Mounts stated if he is asked to tear it down, what is his recourse? Doesn't he have any rights for building that are different than another situation, because it has obviously been there for years. Bruce said it was built in the 20's or 30's. John said it would be different than a new structure. Bruce said he has used it for storage and shop. RE: MOTION PASSED TO GRANDFATHER BRUCE LANTZ PROPERTY - 145 W 2ND S a( A motion was made by Chris Mix that we grandfather it in and let him . make his improvements. Seconded by Mary Ann Mounts, also stated he has the right to put something back to replace the buildings. Those voting aye: Mary Ann Mounts, Chris Mix, Scott Mortensen; Those voting nay: Dave Pincock. John Millar told him we would ask that it would be concert or cinder block. He was told to come in and get a building permit. A grandfather use is not a change of use. Alta Brown - Was at the meeting to question the use of the property owned by the estate of Constance Brown since the zoning had been changed with the new zoning ordinance. It would be changed to HBD and that was explained to her. RE: PARKING AT 109 S CENTER - HELEN YOUNG Helen Young - 65 South 2nd East. She was to the council to discuss the parking for 109 South Center. They had it rented to 6 students and had removed the sod to put in parking and had been stopped by the city. They were not aware of the ordinance. They would need three parking places. (she showed drawings of proposed parking). The parking requirements were explained to her. If they did not have enough parking they could provide contracts with the students providing for them not to bring cars or arrange for additional parking with the lot across the street. She said she would put the grass back in. The city would work with them this year. RE: DISCUSSION OF PROPERTY AT 375 W MAIN - DEAN PETERSON Dean Peterson was at the meeting to discuss the property at about 375 West Main which has been vacant since the flood. They want to put a double wide on a permanent foundation for their mother to live in. The property is only 50' wide and the ordinance says the property frontage has to be 60'. They own the adjacent property. The board said it is a candidate for a variance because the property is restrictive, and would have to go through the procedure for a variance. They do have earnest money on it. If the variance is in the process before the new ordinance, we would go ahead with it. Ranae said it would qualify under the new ordinance without a variance if you did not meet minimum lot area. In reviewing the ordinance it stated that the trailer would have to be a new trailer. It is zoned MDR. They were told to talk to the neighbors and get their feeling and then come in and have the city clerk send a petition around. He was told to come back to the Planning & Zoning. He was told he would have to have some landscaping in front of the trailer. RE: PARKING PROBLEMS The next issue is some parking problems. One issue is the parking that was put in at the Buena Vista apartment at 406 South 3rd East. They only had two parking spots two deep for off street parking. The new owners have put the front lawn into parking. The neighbors across the street are threatening to sue if the city doesn't make them comply with 2- the ordinance and take it out. The property owner says he will sue if f~ we make him take it out. Jim Long said we need to be consistent and not selective on the parking requirements. (discussion on different parking problems) John Millar said we need to define what is a parking lot and what is a driveway. In the new ordinance it is defined. A suggestion is a parking ordinance drawn out with the landscaping drawn. Jim recommend that the City Council do all in their power to try to back the Planning and Zoning in the enforcement of the new zoning ordinance. We are getting stuck with mistakes and have to deal with them. A discussion on the paved parking at the houses on South 1st West. Rose explained that we have a parking committee who have checked out parking for college housing. Buena Vista has been renting to 18 students for a long time with two parking places, what do you do. Snowview parking was discussed and the plans checked. Glen Bean said he would go check it and talk to them. RE: PARKING AT BUENA VISTA John asked for a recommendation for Buena Vista parking. A motion was made by Mary Ann Mounts to recommend that they not be able to rent to that many people and that they have to tear out some of the parking in the front yard and be in compliance with the ordinance and that it be turned over to the city council for further recommendation. Seconded by Jim Long. All Aye. RE: GETTING MESSAGE TG REALTY CO. ABOUT PARKING REQUIREMENTS John Millar recommended that we get a message across to the realty companies about the parking requirements. RE: REQUEST FOR SEPARATE SUMMARY OF PARKING REGULATIONS FROM ORDINANCE A motion was made by Jim Long that we extract from the zoning ordinance the parking regulations with diagrams on a summary sheet and back it up with a parking ordinance that parking for more than three cars have a parking lot permit for any parking other than to a garage or car port. That they have a design review for in excess of two way driveway. Seconded by Chris Mix. A11 Aye. Ranae gave out the zoning ordinances and a map. Meeting adjourned.