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HomeMy WebLinkAboutP&Z MINUTES MARCH 24, 1993/~3 Members Present: Chairman: Members: Excused: City Clerk: Attorney: Councilman: Building Inspector: Planning & Zoning 3/24/93 7:30 P. M. John Millar Mary Ann Mounts Jim Long Davawn Beattie Jerry Jeppesen Richard Smith Jeff Walters Dave Pincock Marsha Bjornn Scott Mortensen Rose Bagley J. D. Hancock Jim Flamm Terry Leishman City Councilman, Nyle Fullmer was also attending the meeting. A motion was made by Mary Ann Mounts and seconded by Jeff Walters to approve the minutes. All Aye RE: ZONE CHANGE FOR JACK COVINGTON'S PROPERTY Jack Covington was at the meeting. He had someone interested in buying the vacant lot on West 1st North, just north of his shop and east of his house. They are interested in building three four-plex apartments. It is zoned LDR1 and would require a zone change to MDR. The property is 330 feet deep and 180 feet wide. There are some apartments just north of the canal and Madison Park boarder the north end of his property. It would be justified under MDR. He also stated that he would like to put storage units behind his shop. John told him it would be better to handle that as a separate issue. A motion was made by Jerry Jeppesen and seconded by Jim Long to set it for a Public Hearing to change the zone from LDR1 to MDR for April 28. All Aye If the zone is changed, the developer will have to have a site plan approval from the Planning & Zoning. RE: DISCUSSION OF CONDITIONAL USE PERMIT FOR JACK COVINGTON FOR STORAGE BUILDINGS The storage units would be a Conditional Use permit in a HBD Zone and a permitted use in Industrial Zone. In order to put storage units in, you would have to change the zone to HBD or Industrial. He stated if we do that, it will be the primary use of his property and probably wouldn't sell that property and nothing different would go into his shop and when something happens to him, his shop would probably be storage. He had talked to two widow ladies next to his shop and they would like to sell the back of their property for storage sheds. He said if he could get approval, he would like to start to clean it up and fence it and start with open storage. John told him the board would like to have some time to look at the property and study our • • i/ ordinance to see if we can do it without changing the zone to commercial. RE: NEW MIDDLE SCHOOL--- UNLOADING STUDENTS; CURB & GUTTER; DITCH Superintendent Brent Orr and Principal Alan Dunn were at the meeting to show their plan for unloading the students at the Middle School. This is the original plan that was laid out as they designed the site. (explained) He showed an addendum they offered with a loop in and out. It would be about 100 feet from the intersection. Mary Ann Mounts asked about the one we worked on and designed in a meeting with the School Board? Superintendent Orr said after talking to Gary Sommer, he did some research and couldn't find out anything. John asked about the situation of the ditch, curb and gutter on the street. He said the developer told him the ditch would not be covered and the curb and gutter would not be put in until the street was developed and supposedly a letter was written to the city stating that was the agreement. John said he understood a letter was promised but was not received. Dave Pincock stated, he remembered that they agreed that curb and gutter not be put in until the street was finished and that the city would receive letter from the school board promising to do that, but they had encouraged them to cover the ditch. Mary Ann told him we need a better drop off. This drop off as drawn is not acceptable. (discussion) Jim Flamm told him we had agreed on a different drop off. We need to have it so the City Council, Planning & Zoning and the Traffic Safety Committee are happy with a safe drop off ` place that people would use. After that is done, his feeling is the council might make it illegal to drop off on the road. Richard suggested that they build it up high along the street with a berm of vegetation. Dave said you need something inside for a drop off, because in the winter the snow plows will go by and pile the snow up along the road; people will drop their kids off; they will be climbing over the snow pile; and someone will fall off and get run over. John said the ditch needs to be piped. Mr Orr said he would give the board these suggestions and try to work out an appropriate plan. Richard stated that he tell them it was our suggestion that the ditch .needs to be covered and the drop off needs to be like it was discussed originally. Nyle Fullmer told him that Planning and Zoning and City Council will not approve it any other way. Leaving the ditch uncovered and leaving the drop off like that is unacceptable. Jim Flamm told him the city is getting pressure on the safety issue. Mr Orr said they would have a meeting April 1 and discuss it. RE: DEVELOPMENT FOR LINDA EAMES OFF OF 5TH W. & 6TH S. DISCUSSED Linda Eames was at the meeting with a plan to develop the property she and Merle Fisher owns off of 5th West and 6th South. 6th South is not paved and does not have curb and gutter. Merle Fisher owns the property on the East. She wanted to check with the Planning & Zoning to see if it was feasible for starter homes on small lots to be developed reasonably. (she showed a plan, copy attached) Mr Clay who is an adjoining property owner will enclose his property with a cinder block fence. John told her that it would require to be a sub division and the street would have to be a minimum of 50 or 60 feet right-a-way. /6S Linda said it is only 40 feet, so she would not be able to do the development. RE: CONDITIONAL USE PERMIT FOR STONES TOWN AND COUNTRY TRAILER COURT APPROVED Public Hearing 8:00 P. M. for the issuance of a conditional use permit for expansion of an existing mobile home park for ten additional spaces and thirteen storage units at Stone's Town & Country Estates located at 578 South 5th West which is located in a HDR Zone. Ray Loveland showed the plans. No one was at the hearing to give testimony or opposition. The board reviewed the plan. This will have to be approved by the city council. We will have to write a written finding. A motion was made by Mary Ann Mounts and seconded by Jim Long to approve the conditional use permit and recommend to the City Council that it be approved. All Aye RE: REPORT ABOUT VIKING DR. SURVEY, ETC. Mary Ann Mounts gave a report on the traffic survey done on Viking Drive. (she gave handouts) Davawn told her that after he went through the survey once he went down to 2nd South because of the survey. Mary Ann felt that the statistics would still be the same. She gave a report on the straw vote that was taken and briefly about the meetings. If there was not funding available we could only repair Viking Drive and restrict the parking on the street and look at some options. RE: ZONE CHANGE APPROVED FOR PROPERTY ON 1ST S. & CENTER FOR BEEHIVE CREDIT UPdION Public Hearing 8:30 P. M. regarding proposed amendments and changes to the zoning ordinance. That the property located between Carlson Avenue and First South Street and Center Street and College Avenue formally owned by Gerald Taylor and owned now by Beehive Credit Union to be zoned CBD rather than HDR as it is presently zoned. No one was at the meeting to oppose. A motion was made by Jim Long and seconded by Dave Pincock to change the zone to CBD. All Aye RE: VARIANCE FOR BMC WEST DISCUSSED Mike Glass representing B.M.C West was at the meeting to request a Variance. (he showed a plan) They want to remove the storage building and hope to achieve the loading and unloading off the street as well as the trailer with insulation and large trusses away from the street. We would like to put storage sheds close to the property line so they could get the big trucks in their property. This would require a fifteen foot variance. John said the only thing he could see was they are loosing some sight distance from the railroad. The existing building is on the property line. Nyle Fullmer stated he had looked at the property and encouraged him to come in and ask for a variance. If he puts it out on the property and maintains the line that is already there with the existing main building, the building that is already there would then become the fence line and the storage units. He l~~` ;~ suggested that everyone go down and look at the trailer and what is around it, to get it inside would be better. Dave Pincock suggested that you can't see the railroad now. Bruce Sutherland had told Nyle the trees are Chinese Elms. John suggested that they cut those trees down and plant two new ones. Mike Glass said they would like to plant four new trees and screen the property. Jim Long thought they should go to the Street Committee for recommendations on the type of trees. John stated we need to check to see if there is a criteria for a variance. Dave felt it is a hardship with the trucks on the street. John did not feel that was a hardship. Jim Flamm suggested that to cut the building at a 45 degree angle would help see the Railroad. It was suggested that you can't see the railroad track anyway and you depend on the flashing lights. Discussion on the liability. Richard stated B.M.C. West would be doing it in good faith. Nyle Fullmer suggested they change the zone to CBD which requires no setback. (discussion) It was decided that he would not qualify under CBD. Mike said they wanted to get the trusses and the long stuff into the yard. Richard said that would be the undue hardship, because ten or fifteen years ago they did not handle those big trusses and now he is, because the industry has changed. Nyle said if he is trying to improve his business, and if we allow him to put it on the property, he will `~ pick up several hundred square feet that he doesn't have the use of now. Nyle felt that the way we are trying to enforce the variances on some of these things, the city is creating a hardship on some of the property owners. Richard stated B.M.C. West wants to change their plans on their business, but he is not substantially increasing any storage area or any building area. He is increasing the area for moving the trucks to make it safer because the nature of the business has changed over twenty years. He is requiring bigger and heavier equipment to handle bigger and heavier trusses. He wants to make it safer. Richard asked what is a Hardship? He did not see anything clear as to what defines a Hardship. Tom Miller referred to the intent and purpose of the Zoning Ordinance page 3. (discussion) "To protect property rights and enhance property values. To ensure the development on land is commensurate with the physical characteristics of the land." If there is any to improve the traffic flow at B.M.C West, you are improving the physical characteristics commensurate with the land use. (discussion) Mary Ann read from a book on Zoning she got from the college. She said we need to expand on Variances and put it in writing. Richard stated that we need to define what a Hardship is. A motion was made by Jim Long and seconded by Mary Ann Mounts that we set it for Public Hearing for April 28 for a variance for B.M.C. West. • Nyle felt we need to go for what is best for the neighborhood. It was discussed how bad does it have to be for a hardship. (discussion) The board voted All Aye ~~j~ RE: PUBLIC HEARING REGARDING PROPOSED. CHANGES TO ZONING ORDINANCE #725 ~' & SUBDIVISION ORDINANCE --- CUL-DE-SAC SET BACKS Public Hearing 9:00 P. M. A public hearing regarding proposed amendments and changes of the Zoning Ordinance No. 725 and Subdivision Ordinance 658. That the front setback requirements on the bulb of all cul-de-sacs be reduced from 25 feet to 20 feet. (discussion} Dave stated that if we are changing the ordinance because we found a problem that we are going to face more and more down the road, then he agreed with changing it, but not because of one problem. Jeff asked why was 25 foot decided initially? John said cul de sacs were not addressed initially. Jeff discussed that in a cul de sac you do not have a line of sight problem. Nyle stated if Tom had a strait property line, he could meet the setback, but because it is curved at the closest point to his house makes him out of compliance and creates a hardship. We do need to address the setback on the cul de sac. (discussion of positive and negative problems with the setback at 20 feet) The minimum needs to be 20 feet, because if you have any less than 20 feet, your car will stick out over-the sidewalk. After Rose checked several cities, the only one that was reduced in cul de sacs was Idaho Falls. Richard asked if the board saw a major reason to change all setbacks to 20 feet or is there a strong reason to keep it at 25 feet. John stated that the land developers restrictive covenants are more restrictive on setbacks. Jim Long stated that he didn't know why we could not change the setback for Cul de sacs to 20 feet, other cities have changed their setbacks and it has worked. (discussed) Jim Flamm felt that the rules should be minimal. They should protect property, service and safety. After Discussion, A motion was made by Mary Ann Mounts to give the Cul de sac issue more time and table the issue, seconded by Dave Pincock. Those voting aye: Mary Ann Mounts, Jim Long, Richard Smith, Dave Pincock, Davawn Beattie, Jeff Walters, Abstaining: Jerry Jeppesen he felt 20 feet was enough setback in the Cul de sac. John Millar declared that the Public Hearing would be tabled to the next meeting. RE: VARIANCE DISCUSSED & GRANTED TO TOM MILLER - YALE AVENUE Tom Miller stated he didn't want to be the issue. He is at the point he would like to proceed to get the house built. He did not know why he couldn't go ahead and get the variance. When the Public Hearing was set he had applied for a variance in the front and in the back and then he changed it to just a variance for a setback in front of five feet, but he could change it to the back of his house. (Discussion) Mary Ann Mounts made a motion to grant the variance based on the irregular shape of the lot which gives physical limitations to the lot. (discussion on hardship and reviewing ordinance) Seconded by Jim Long. Jim Flamm stated that is why we have a Planning & Zoning Board is to make decisions and judgements of the Ordinance, or we could just read the Ordinance and would not need a committee. Jim Long stated that Tom is acting in good faith. Jerry stated that the board is setting a ~~~ precedence and it will burn us later, he would rather change the Ordinance. Jeff stated that he wrestled with the Hardship issue, he could design another house to fit on the lot. John Millar asked for a vote on the motion. Those voting aye: Mary Ann Mounts, Richard Smith, Dave Pincock, Jim Long. Those voting nay: Davawn Beattie, Jerry Jeppesen, Jeff Walters. Motion carried. J. D. Hancock felt if this was challenged, the way our Ordinance reads the city is in jeopardy. Richard Smith stated he appreciated what J. D. said, but he personally felt that we had met all the criteria for a variance. Mary Ann said in a court of law, it is your interpretation and this is our interpretation and needs to be on an individual basis. She was aware that we will be setting the precedence for irregular shaped lots. Mary Ann stated we need to define undue Hardship and where to give out variances and what is our limitations. We need to find time for a work meeting. Discussion. Meeting adjourned. ~• •