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HomeMy WebLinkAboutP&Z MINUTES JANUARY 26, 1994-~ ~ ~~. • • Members Present: Chairman: Members: City Clerk: Attorney: City Councilman: Engineer: Planning & Zoning 1/26/94 7:00 P. M. John Millar Jim Long John Watson Marsha Bjornn Bob Lee Mary Ann Mounts Richard Smith Rose Bagley J. D. Hancock Kay Beck Joe Laird Excused: Davawn Beattie, Jerry Jeppesen, Jeff Walters RE: PLANS FOR THE RICKS COLLEGE RELIGION BUILDING STORM DRAINAGE John Watson presented the plans for the Ricks College Religion Building Storm Drainage plan. We have reviewed the parking plan and resolved the parking issue. He had talked in the past about a pond to collect .the surface water into an area where the natural recess is. When you calculate everything that is going to happen it would have to be a big collection area. He showed calculations and explained, according to the calculations, it would be better to develope it into a pond. He had talked to Joe and John Millar about it. (plan and calculations on file) Joe explained it. John Millar told the group the heaviest storm he had record of was l.??" in 20 minutes, a regular intensity is 5.4 an hour. John told them you have to address any modification of any drainage problem. John Watson said they were going to deal with any drainage that comes bff and delay it and every thing will go into the pond until the next day and then there is a manual valve the maintenance people can open, and relieve it, this can be used for irrigation. The only thing we are talking about on this project is the development of the parking lot and building the building. They have used 1.3 like Idaho Fa11s and felt that was a reasonable number. John Millar felt that 1.3 was a logical number. John Watson stated that he would like this board's approval in concept. We will give a set of construction biddable documents sometime in April to Joe to review for line sizes, the pond area, and drainage. (Joe explained the existing storm drainage showing a map) John Watson told the board that the college liked the idea, it is in a swell recessed area, landscaped all planted in grass, and they have put a sprinkling system in and right at the bottom of it is the catch basin with a pipe that goes out and hooks into the city. If we get a rain storm and that fills up, the maintenance people open that valve and they don't have to turn their sprinklers on they just open that valve and water their lawn. He felt that if they put this system in we will have made an improvement. It will be better when the Administration Building is built, because you will take half of that parking lot and turn it into a landscaped area. Later we will have to talk about locations of catch basins once Viking Drive is closed. RE: PUBLIC HEARING FOR PROPOSED VARIANCE - HARVARD & 2ND S. (VARIANCE GRANTED) Public Hearing 7:30 P. M. Regarding a proposed variance (a) to allow a five foot rear yard on the west side of said lot instead of a 20 foot rear yard; (b) to allow the setback from Harvard Avenue to be 21 feet 6 inches, in lieu of the minimum front yard requirement of 25 feet; and (c) to allow the lot width of 50 feet rather than 60 feet minimum. The property is located across the street from 250 East 2nd South (the corner of Harvard Avenue and Second South Street) in Rexburg, Idaho. John declared that this is a formal public hearing, anyone wanting to give testimony, will need to do so at the microphone and state their name and address. Gwen Butler- 225 Harvard- I am in favor of a small single family dwelling on this corner. She wondered if they need that much of a variance and can we insure that a single family dwelling will be built there? John Millar told her, the way it is zoned only a single family dwelling can be built there. She is not opposed to a variance that is necessary to build a home on the lot. She would be concerned if in the front if there is enough clearance on the corner for traffic safety. Richard asked if it meets the setback of the existing homes on the street. John Millar told him the next house to the south is 23 feet back, but the next one is further back. She asked, she understood that the street is targeted sometime in the future for resurfacing, will they change the width of the street at that time? John Millar told her historically, they have not, it would probably be the same as Cornell. David Ward- 249 Harvard- I seconded what Mrs Butler has said. There has been some concern from the people on Harvard, if what they are doing is changing the variance for the purpose of an apartment dwelling, the people on Harvard would be against having something like that constructed. As he is understanding, this variance is for only a single dwelling house and could not be altered for an apartment house. John Millar told him nothing could be built to increase the density from this other than what is presently allowed. They were not against the variance. Marsha Bjornn- Has there been a precedence set in the past that we have so many changes on one home or piece of property? John Millar told her some of the changes we did not need, but felt we should clear them all up now. The lot right now is 50 feet, our current minimum says you have to have 60 feet. He and J. D. talked about it and felt we should just clear it up while we are at it. Marsha stated we have had that property setting for a long time and everyone always want to put a duplex on it and she could see why homeowners want to keep it residential. Bob asked if there was any question on visibility? John Millar stated that the critical setback is on 2nd South and that setback will be maintained. John Watson asked if there was restrictive covenants on that property, and does the city have any record of all the property in .. ~. • the city that may have restrictive covenants? John Millar stated that usually those have been issued on sub divisions. This is part of one of the original additions, and he felt sure it would not have any restrictive covenants. Gwen stated that one of her neighbors said her sewer line drains down through her lot. John Millar stated that is something that the two property owners would have to work out. A motion was made by Jim Long that this variance be granted. Seconded by Marsha Bjornn. Bob Lee declared a conflict of interest, Melinda is his wife's sister. He would abstain from voting. All others voted aye. A motion was made by Marsha Bjornn and seconded by Jim Long to approve the minutes on 12/8/93. All Aye A motion was made by Mary Ann Mounts and seconded by Bob Lee to approve the minutes on 1/12/94. All Aye RE: DISCUSSION OF SOLID WASTE TRANSFER STATION & HANDLING OF WASTE John Watson- Declared a conflict of interest on the next issue, which was the Solid Waste Transfer Station and how they are going to handle the waste from the Transfer Station. (showed pictures of one in Jackson and a drawing of this project which is similar to the building in . Jackson) There will be a concrete slab with a steel building over it. The steel building is going up now. You will drive in and put the garbage on a the concrete slab and then they will have a piece of equipment to push it in close to a piece of equipment that is called a "grizzly" which reaches out and compacts it and drops it down into a truck, there is a truck bay below, and they haul it in grain trucks. We have reviewed the plans before, but haven't reviewed the plans for restrooms and a shower. They wash the slab down with a hose. There maybe garbage acid in it that might not be suitable to run through a septic tank and into a leech field. They have two sewage collection systems on this project. They have had the plans reviewed by the City of Idaho Falls and this is the same as they are doing theirs. There is pump and a catch basin and a grease trap to clean out. Any water that goes in from the garbage, is cleaned out and is pumped out of that and into the one at the top and then dumped out into a septic tank and doesn't have a drain field, so it is a clased system. In the lower truck bay, where the trucks go through and the garbage spills off the truck occasionally, they will wash it down with the hose, they will collect anything there and then it pumps up to the one at the top. Occasionally they will clean the one at the top with a hose and which is in the closed system and it will drop into a 2185 gallon septic tank that is closed and cannot go into the gravel area. On a monthly basis they will pump this and haul it to the dump. On the part where the restrooms and shower are it will be dumped into an approved septic system and then into a drain field system and will be approved by the Health Department. John Millar told him to get rid of what they pump • out might be a problem, because the landfill won't take it if it is liquid. (leaving the drawings with Joe) Jim Long asked where they would pump it to? John Millar stated it . would be pumped into a septic tank pumper. There are several septic haulers around that could do that. Richard asked where these trucks dump theirs. John Millar told him most of them dump into the treatment plant. Richard asked if this would qualify for that? John Millar told him it depended on what is, in there, it would have to be tested to see what is in it before it could be dumped into the treatment plant. RE: PUBLIC HEARING FOR A VARIANCE AT 1ST & CENTER (BRECK BARYON PROPERTY) VARIANCE GRANTED Public Hearing 8:00 P. M. for (a) to allow a six inch rear yard from the property line to the eave line on the east side of said lot instead of a 20 foot rear yard; and (b) to allow a six inch side yard from the property line to the eave line on the south side of said lot instead of a five foot side yard. The property is located at 6 East 1st North (the corner of First North and Center Street) in Rexburg, Idaho. This is zoned C.B.D. Richard asked if there was residential uses on both sides of the property and John Millar told him residents were on both sides and both are zoned C.B.D. but have residential use. John Millar read two letters (attached) one from Don and Naida Ard who own property on the east are against the variance. The other letter from Gwen Sutton who has property on the south is in favor of the variance. Jim Long asked about the property immediately East of Ards has a structure that is in complete violation of the zoning? If they are objecting to this variance, why didn't they raise a red flag when they built the one on the east? John Millar opened it to public comment. Breck Barton- He had talked to Don on the telephone in Arizona and when Don came up over the holidays, he checked the property and came in the office and checked the site plan. Breck explained about the situation of the building and the eaves. Don told Breck at that time that he had no objection but that the property belonged to his wife. Sometime later he visited with him and he stated that his wife, upon receipt of the notice of the variance became agitated, also the notice was sent to their Rexburg address and the Ards are in Arizona. Don tried to explain it to her. She also called Rose and she explained it to her and Rose faxed another copy of the notice with the drawing and they faxed this letter back to her. Breck stated that this lot is located within the C.B.D. and no parking is required and you can build on the lot line. In order to use the lot for its intended purpose, he would not want to build it right on the lot line and would want some parking so people would not be parking on the street, particularly near the four-way stop. The lot is unique and the ordinance as drafted, affects only that particular lot of all lots in the C.B.D. It is the only lot . bounded on either side by a residential use within the C.B.D. If they .,~' ~~': ~~~ • were ever terminated then there would be no problem and no need for the variance. Marsha asked about the parking plan? John Millar told her because it is zoned C.B.D. there is no parking required. Richard asked about the setback on the corner? In C.B.D. there is not a clear site triangle. Mary Ann asked about the trees and if they would be removed, the trees are on city property. Discussion on exits and how near they would be to the intersection. Breck felt that the trees have been neglected for so long, that if you dig one up and try to move it, they would die. John Watson states that the U.B.C. mandates that the walls five feet from the property line have to be fire walls. If you run an eave out then it becomes difficult to have a fire wall at the same time. Breck stated that he had talked to someone at Forsgren's about the U.B.C. and fire walls. The impression he got is that may or may not apply. John Watson said he thought it needed to be checked. Joe told him it would need to be fire proof. Richard brought to the attention of the group that if we don't grant the variance, you may end up with a building sitting on the lot in a position that is not acceptable to us and there would be nothing we can do about it. Bob asked what would be the adverse impact on Ards property if we granted the variance? The board did not see any adverse impact. Jim Long stated that we need to take into consideration that • the lots on each side of this lot is zoned C.B.D. Mary Ann reminded him that we cannot deny the rights of those residence and can't base your variance on that. John Millar stated that we have to protect their use as a residence. Bob said however, if it was not zoned C.B.D. he would look at it differently. The board reviewed the four required findings to approve a variance. We did not go through these on the previous variance, because we had looked at that property several times before and the property was always too small. To adhere to the setbacks on that property left it essentially non-buildable. John Watson stated that his opinion on this one is, if you did not grant a variance, it would be not in the public interest. John Millar stated as Breck has brought out, there are hardships on this property that are not applicable to any others in this zone due to spot residents in the zone. Jim stated assume he walks away from the property and someone else wants to build on it, this same problem will come up, so it is an undue hardship or they could build it right on the corner where the city does not want it. A motion was made by Richard Smith and seconded by Jim Long to grant the variance. All Aye Marsha Bjornn was excused and Mary Ann Mounts was excused. RE: DISCUSSION OF JOE ROMNEY DEVELOPING PROPERTY ON S. 1ST E. (BY DESERET INDUSTRIES) • Joe Romney was at the meeting to explain, he is looking at developing some property on South 1st East, North of the D.I. and East of Career y 4~ "' Beauty College on the property that is paved with asphalt. Career • Beauty College uses it for parking. This property is zoned C.B.D. (showing the plan) They want to build a building in the middle of this property for Millhollow Frozen Yogurt, and would like to have two apartments in the upstairs for couples. He showed the parking and ingress-egress with a drive up window. Jim Long questioned if they could use the city property to get in and out of their property. John Millar stated that we would have to research that. John Watson discussed that the D.I. has a driveway on the south and they have an agreement with Gerald Taylor that was acceptable. Joe Romney said there doesn't appear to be an easement of record. Jim stated that their truck parks there and loads all the time. There was a concern if it would compact D.I. access. John Dlillar asked if they dcn't have an easement if Joe Romney would grant them an easement. Joe said they would rather leave it open and not grant an easement. John Watson stated if they have a drive through then it would become unusable for the D.I. Joe Romney said according to the ordinance they could just build right to the property line. Richard questioned if the D.I. would have a prescriptive easement. We will have to research accessing the property from the city property. John Millar told him he would need to bring in to this board for a formal site plan. John Watson felt they need to resolve the problem with D.I. It was decided that there would be a work meeting on the Impact Zone on the 2nd Wednesday of February, February 9, at 7:00 P. M. RE: DISCUSSION OF IMPACT ZONE AND COMMISSIONERS • Richard Smith reported that he had received a call from a commissioner expressing his ccncern about the County Impact Board. All the. commissioners have headed in different directions. The commissioner expressed his frustration with the County Attorney. There would be a meeting on Monday with the commissioners, County Attorney, Richard and Jerry. Richard felt that it was coming apart again. The last zoning committee meeting was a good meeting, but there is a feeling that the committee is headed in the wrong direction. Jim Long felt that the committee is falling apart, people who originally started out are not coming to the meetings. Richard said after the meeting on Monday we will get a red or green light. He felt that we have ample authority to go with the initial ordinance. John Millar stated that Richard should tell the commissioners that we will proceed either with or without them. RE: VALLEY MEDICAL SHOPPE - PARKING & LANDSCAPING DISCUSSED Discussion on the Valley Medical Shoppe, on parking and landscaping. Joe Laird explained the problem with the sprinkler or egress from the basement. Meeting adjourned. •