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P&Z MINUTES FEBRUARY 24, 1993
~ is3 Planning & Zoning 02/24/93 7:30 P. M. Members Present: Chairman: John Millar Members: Jim Long Scott Mortensen Mary Ann Mounts Marsha Bjornn Davawn Beattie Jeff Walters Councilman: Nyle Fullmer City Clerk: Rose Bagley Attorney: J. D. Hancock A motion was made by Jim Long and seconded by Scott Mortensen to approve the Minutes. All Aye RE: STONES TOWN & COUNTRY TRAILER COURT & STORAGE UNITS CONDITIONAL USE PERMIT --- PUBLIC HEARING SET FOR MARCH 24, 1993 Ray Loveland was present with an application for a Conditional Use Permit for a Trailer Court Extension for Stones Town & Country Trailer Court. He showed plans to the council. The extension would include ten more trailers and on the opposite side of the street would be ~' storage units. This addition would be tied into the existing trailer • court sewer and water. There would be a 20 foot access road. This property abuts commercial property. John Millar questioned the 28 foot width of the street. Boyd Cordon, who had drawn the plans, told him that would be in compliance with Section 8 of the Trailer ordinance with parking on one side. John told him we would have to have a Public Hearing and at that time we could compare it with the ordinance. A motion was made by Jim Long and seconded by Mary Ann Mounts to set the Public Hearing for March 24 at 8:00 P. M. All Aye John Millar told Mr Loveland that if he put storage units in he would have to get a Conditional Use Permit for that and could do it at the same time the Public Hearing was held for the extension on the trailer court. RE: REQUEST FOR A ZONE CHANGE AT CENTER & 1ST S. FOR BEEHIVE CREDIT UNION Shane Berger was at the meeting with an application for a Zone Change on the property that had been owned by Gerald Taylor on Center and 1st South. They would like to have it zoned so they could build the Beehive Credit Union on the property. They have purchased the property. John Millar told him we had looked at zoning that CBD when we adopted the new ordinance, but Gerald Taylor had requested that it be zoned HDR. Jim Long asked Shane if they would landscape around the Credit Union instead of just paving around it like the existing Credit • Union. Shane told him they planned to landscape. A motion was made by ~. • Scott Mortensen and seconded by Davawn Beattie to set a public hearing on March 24 for the zone change to CBD. All Aye 8:00 P. M. Public Hearing for Tom Miller for a variance to allow a reduction in the setback requirements from 25 feet to 20 feet for the front and back :yards of a home proposed to be constructed on the following LDR-zoned property. The property is located at approximately 453 Yale Avenue, All of Lot 4, Blocks, of the Sherwood Hills Subdivision. RE: PUBLIC HEARING FOR A VARIANCE FOR TOM MILLER TO ALLOW A REDUCTION IN THE SETBACK REQUIREMENTS Tom Miller- 25 :L/2 North 1st East - At the last meeting the board suggested to him to review the plans to see if he could make any changes. He had reduced his garage 2 1/2 feet, so he would not need a variance for bot=h the back and front. He would prefer the variance be given for the front, he won't need one in the rear. Mr Miller read a statement (copy attached) He claimed that Bob Smead was out of compT~iance on three sides. He showed a plot plan and his plans. As the Sub division was developed, the lots are quite large, the cul de sac was developed which caused a natural pinching of lot depths in that area. The whole layout of the sub division is such that (pointing out on the plat) the lots enjoy large depths, and other lots are smaller and have 105 feet of depth. By the curvature of the cul de ,~ sac, has caused a pinch on his lot. The intent of tYie zoning committee is to enhance property values. It is not just your concern, it is mine and my neighbors. Yes, you could build a straight: house there. Jchn Millar asked if he could build a house that is 5C1 feet deep? Mr Miller said yes you could. John said he felt we were really stretching it to say it was a hardship. Mr Miller said the question is not whether he could put a house on the property, but whether he could build a house in the design that he wants with the limitations of the lot created by the curvature of the cul de sac that have created an undue hardship. Undue meaning "a hardship exceeding that which is normal". John told him hey hoped that he could see what we are charged with here, that every lot can stand up to that. Mr Miller argued not any lot. What he suggested and has seen in other communities, is that, on a cul de sac because of the curvature of the nature that arc impedes into a straight line. The cul de sacs have that built in them. John said maybe what we need to do is change our ordinance. Mr Miller read the intent of the ordinance. The purposes that have to do with him is the property enhancement, which the Millers and his neighbors are concerned about and that the use is commensurate with the physical characteristic of the land. To be interpreted and construed to further those purposes. ' • Jim Long asked what criteria was used to establish the setbacks? John told him the setbacks were established in the old ordinance. Mary Ann stated that she was surprised that Ranae Magee didn't mention it to us, ~~ unless they just came across it and it is new in Idaho Falls. Mr Miller • said Rod Gilcrest of Idaho Falls said this is something they had found out, because they run into it all the time because they have so many cul de sacs. Jim Long stated that was not considered when we drew up the ordinance. He just came back from a community in California which is probably one of the outstanding communities in California esthetically. Some of their setbacks are "0" Line setbacks and it looks great. Others are 20 foot setbacks. This was a company that developed it that had been doing it for a long time and had all kinds of experience and all kinds of ways to play with it. In 1960 when Rexburg developed the old ordinance, they probably took it right out of some book Joseph Smith had planned in Illinois. He thought we need to be more flexible. Mr Miller stated if we just go by the book, what is the sense in having a committee? The committee is there to interpret the purpose of the zoning ordinance. He suggested that the design he had designed would really enhance the value. John told him there was a lot of house .plans of very nice houses that would fit on that lot. The P & Z has to stand up to the public review from everyone. Tom went through the four reasons again. Scott Mortensen asked if there were any neighbors that were opposed to it. No one was opposed. Tom said not only do we not have any complaints but we have a letter to support it. Mary Ann asked if it violated the integrity of our zoning ordinance and if as a panel we feel that there is a question about this particular part of our ordinance, then we need tc look at it and see if we need to change the ordinance. Jim asked if we decide to change the ordinance, then what would that do to Mr Miller. Scott said he would be in compliance. Mary Ann said her thinking is, do we want to hash this out right and if all of us feel that there might be a question about this cul de sac issue, do we want to discuss the issue at the end of the meeting. John said it would still require a variance unless he waited until after the ordinance was changed if it is changed..... (discussion) The board had the feeling that the setback on a cul de sacs should be changed. Mary Ann told Mr Miller that is what we are here for, we can't set in judgement as to whether you have a good looking house. Mr Miller felt the Planning & Zoning should look at it as to what you can do to make Rexburg more beautiful. My neighbors are looking at it and say it will enhance the neighborhood. John Millar said we had the same issue on Millhollow and they designed the house to make it fit. • Jeff Walters stated someone will come in and say they have a lot 80 feet deep and the others in the same zone have 110, therefore I need to have less setback. Idaho Falls has an ordinance that allows them to • make the exception, we don't have that ordinance. He said we can't just say the ordinance is wrong lets disregard it. Jim said it wasn't G' just Idaho Falls, it is throughout the country. (discussion} Jim Long told Mr Miller, he still bought the lot knowing the size of the lot and that is what he is stuck with, so you created the hardship. Mr Miller said he did not create the hardship, it was existing, and that is not keeping with the variance requirements. Jim told him you made all the decisions. Mr ]Killer said when he bought the lot he thought the setback was 20 feet. Nyle Fullmer to.1d him the ordinance was in place when he bought the lot. Scott Mortensen felt it fits close enough to grant a variance. J. D. Hancock stated that we are bound by the law. We have 60 days to give him a decision. He advised that the board think about it. Tom Miller felt that would create a hardship for him. Under the criteria, he had complied with the four reasons to allow a variance. John Millar stated that the hearing was closed. John Millar stated that they understood his feelings. We have fought the issue previously and can't make a decision because you are a good guy. We have to adhere to the ordinance. Mr Miller stated that the hardship should be that there was not room to build his house because of the curvature=_ of the lot. It would be a hardship for anyone that wanted to build on the lot. The condition exists, by the nature of the curvature of th~a cul de sac. John told him a different size house would fit. A motion was made by Jim Long to grant a variance because of Undue Hardship. Seconded by Scott riortensen Davawn Beattie ask the board if we intend to modify the ordinance and do we really think that is worthy or is that an issue. Jim Long withdrew his motion. Jim Long made a motion that we consider changing the ordinance and re-evaluate the set backs and consider the cul de sacs. Seconded by Davawn Beattie. All Aye Jim made a motion to grant a variance due to problem that exists in the existing Ordinance, seconded by Scott Mortensen. J. D. Hancock stated if it was challenged in court, we would loose. Scott Mortensen asked if we could do it because of the undue hardship because of the ordinance. Jeff Walters said the only reason it is a hardship is because of the particular home he is putting on the property. Someone else could buy the lot and put a home on it and it would not be an undue hardship. Anyone that wanted to buy a lot in the city could come in and say they had an undue hardship, because they want to put a house on the lot that is bigger than -the lot will accommodate. Scott Mortensen stated that in a normal set back for a cul de sac his house would fit. John said normal doesn't matter, what we have is the ordinance. Scott stated the setback for cities that seem to be in the know better than we are is 20 foot. We created the hardship because we are not more up to date with the ordinance. Jeff Walters said Idaho Fa11s has an ordinance to amend the setback. It is hard to say it is an undue hardship. Anyone else can come in and say it is an undue hardship because their house will not fit. We are just opening up a can of worms. Jim Long stated that based on that evaluation he would withdraw his motion. Marsha Bjornn felt we should look at other cities and study them and amend the ordinance. Mary Ann stated that we need to define what an undue hardship is and discuss this issue later. (discussion on the variance granted to Vern Liljenquist) That lot had no value, because you could not put anything on the lot except a trailer home, that was an undue hardship and would stand up in court. Jeff Walters stated that assuming that was wrong, is no reason that we should go ahead and do something that is wrong again contrary to the zoning ordinance. If someone wants to come in and build a duplex across from the girls dorms and has that same argument, should he get a variance for that. Mary Ann said you could build a house on that property, but no one wants to. RE: DISCUSSION ON CHANGING SET BACK REQUIREMENTS A motion was made that we hold a public hearing to change cul de sac setbacks to 20 feet on March 24. (Jim Long felt we should discuss it tonight so we would know what we are doing when we hold a public hearing.) Motion was seconded by Jim Long. All Aye Jim Long stated that the ones he was familiar with, the thing that determines the setback is the length of the driveway. Can you park a car in the driveway comfortably and have it not hang over the driveway, and that determines the setback. That makes it 20 foot a minimum. (discussion on cul de sacs) Mr Miller said he would probably be the only house on that cul de sac. Discussion on Bob Smead house and if he was out of compliance on the setbacks. The board questioned if Terry Leishman had checked those setbacks. The board wanted to know for sure if the setbacks were checked. Nyle Fullmer stated that the two lots to the north of the Miller property will have the same problem to build a home to fit the lot. They could just as easily come in and with a home a third as big as the Miller home, say they have a hardship. John Millar stated that to change the ordinance, we need more definition as to where we change it from 25 to 20 feet. (discussion) Rose will check with some cities on their ordinances. f ~~. r h !.. i/ a Tom Miller stated he had been a building contractor most of his life. He has had a lot of experience. His feeling is in a community which has started a lot of development, we need to face all the issues in zoning. His experience is to do things nice. A guy needs a chance to build a home as nice as he can. RE: REPORT FRO1K SOUTH ARTERIAL COMMITTEE --- CLOSURE OF VIKING DR. Mary Ann Mounts talked to the board about the South Arterial Committee meeting. Her assignment was to get an origin destination survey. We will have a col:Lege class do the survey. She stated that we would probably have ii: at the 4 Way Stop. How much of a sampling will we need to get a feeling of what the traffic going down Viking Drive. She would like to see it done one full day. John Millar suggested that she talk to Dick Dyer, he just completed this same survey in Montana. He worked out some effective questions. Nyle Fullmer felt we should do a simple study and have the scouts do it. Questions the board felt we should ask: 1. Ask where they are going? 2. Where they oz-iginated from and destination? 3. Do you have school age children? 4. How often do you travel this road? 5. Do you often take an alternate route? 6. Are you a co]_lege student? 7. If 4th South is closed, which road will you use? • 8. How often are you delayed by students? After discussion the board narrowed the que>.stions down to: Number (2), (4), (8), (5), and (6). You need the questions so you can check them off. We want to know what goes through the' four-way stop. The college is hoping that it will show that only t:he college use that street. Discussion on taking a survey at the ol.d intersection of 1st East or mid-block, we might have to put up a barricade. It was felt that during the week from 7:00 A.M. to 10:00 P. M. would be a good sampling. (discussion on road closures) The board felt we need a survey as to which parents will drive their kids to the middle school. (discussion on closure of 4th South) After polling the board, the majority were ir.~ favor of closing 4th South. RE: BUILDING INSPECTOR REQUIRED TO ATTEND PLANNING & ZONING MEETINGS Discussion on wh.y the building inspector does not come to Planning & Zoning. A motion was made Scott Mortensen and seconded by Mary Ann Mounts that Terry Leishman be required to attend Planning & Zoning meetings as part of his job description. A11 Aye Meeting adjourned. \ ``l'~~i. F _ \. T; s F j • ~ -_ ~ . _, . .,- +„1 I `` _I. ?~ ;,; 7 C,,.) i it :.'??~i iY '_. 1 [ I Y..~ ~.» .. T ~. C_? ~ ~1 ... v ~.,: C.F i rI Ili ._ ~.. ~ C:.- l~ ..t. Z.. 6".! Cs_ ::? ... . „y' ._. :~ w ~ ..,: C U i 4 ~ .. .+., ~I" _ .r .A. 4"J 1(j'Y' t-` '. w.^ lJ ..,. 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