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HomeMy WebLinkAboutP&Z MINUTES AUGUST 09, 1995l~ DATE: (080995) • Planning & Zoning Work Meeting 8/9/95 7:00 P. M. Those Present: Chairman: John Millar Members: Davawn Beattie Jim Long Ted Whyte Brad Archibald Mary Ann Mount City Clerk: Rose Bagley Engineer: Joe Laird Attorney: J. D. Hancock Excused: Marsha Bjornn, John Watson, Eric Erickson RE: REQUEST FOR A VARIANCE & C.U.P. AT 314 MAIN BY STEVE BJORNN TOPIC: (400,18,,,VARIANCES,C.U.P.,MAIN STREET,BJORNN*STEVE) Steven Bjornn and Nancy Whyte were at the meeting with an application for a Conditional Use Permit and for a Variance for 314 West Main to put an Insurance Business in the home which is zoned M.D.R. with a Professional Office Overlay. John explained our ordinance requires a Conditional Use Permit for an Insurance Office in a Professional Office Overlay. It would require four parking places. They would like to park one vehicle in the garage and three vehicles in front on the • driveway. The variance for this is the percentage of the front yard hard top. In the ordinance on page 41 there is a requirement for not backing out on the city right-a-way except for single family homes. Discussion on a curve driveway. Steve discussed the issue with the board. The driveway would be 3 1/2 feet over the 30o allowed. No quorum was present for a motion. Mary Ann Mounts made a recommendation that we set this for public hearing. Seconded by Jim Long. All Aye except Ted Whyte who abstained. Brad Archibald arrived at the meeting. A motion was made by Jim Long and seconded by Mary Ann Mounts to approve the minutes of July 26. All Aye RE: DISCUSSION ON FENCES AROUND SCHOOLS AND THE COLLEGE TOPIC: {400,18,,,FENCES,RICKS COLLEGE,SCHOOLS) John Millar stated our ordinance requires setback and height requirements fencing around schools. There are some of them that are not in compliance and have never been in compliance. He feels they are where they need to be. All the schools and college have fences that are not in compliance. RE: TOM GOE'S DISMANTLING YARD TOPIC: (400,18,,,GOE*TOM,SALVAGE YARDS) Tom Goe and a representative from Beard St. Clair attorney's office • were at the meeting. John told the group that the intent was not to make a decision tonight but to try to come to a point that we can make ~~ make a decision tonight but to try to come to a point that we can make a decision at the next meeting. There is new information that the Goes have presented that was mailed out. We have committed at the next meeting that we will make a decision. We have three options (1) deny, (2) approve, or (3) approve with conditions. If we approve with conditions, we need to be in a position that we can define what those are. The information that we received from Mr Goe, shows some additional landscaping. It shows an eight foot fence around the entire yard, and hard surfacing on the main area. Jim stated that Mr Goe had said they would accept the landscaping requirements for "Lathrop". He asked if they were aware of the requirements, because they would have to fulfill those requirements? Jim had a copy of the "Lathrop" landscaping and had marked it for Mr Goe and discussed with him the requirements. Mr Goe stated he would do most of the landscaping and get the fence up before he does any construction. Mr St Clair-stated that what they are looking for is if they can get approval and have it conditioned upon satisfying that landscaping requirement at least Mr Goe would know where he is heading and could employee a landscape architect. To recognize his willingness to comply with the "Lathrop" requirements was something to try to satisfy the residents that this was not a "junkyard". It is in fact a dismantling plant and it is going to be attractive. He is going to be a good neighbor and that is why he is willing to do that, but to go to "~ that expense at this point seems to be a little excessive. Mr St Clair stated that they were willing to recognize that all the items contained in the landscape requirements by Lathrop will be included in the final plans for the proposal that Mr Goe makes. John reviewed the letters we had received after July 12. Dale Thomson stated that Mr Breen did try to contact him. Dale was not at the meeting with the Stegelmeir. His basic concern is still the storage of cars. He would still like to meet with Mr Breen regarding some other areas. Mr St Clair said one of the parties that had objected, Mr Ard and his father and brother called Mr Breen and told him their concerns had been satisfied and they were withdrawing their objection. Mary Ann Mounts- A lot of the letters and comments have been people's future plans and property values. She did not think we could base the decision upon that, it is her understanding as a planner that decisions are to be based upon considering the integrity of a highway business district and the surrounding zones which are agriculture, not future subdivisions. John agreed that we need to be concerned about the present use. Mary Ann is concerned that it is going to muddy the waters. We have already made the decision right or wrong that this is not a junkyard and that it would fall under "All Others". This makes him eligible for a Conditional Use Permit. We need to strictly • consider the issues of that Conditional Use in a H.B.D. We do care about these people's concerns and that is a part of it and we need to consider that as a portion of it, but courts have said that is not ~~ legal and binding. We as a group need to look at this issue. He is willing to meet all of these conditions and it will look better than most Highway Businesses we can get in there. She is concerned that the citizens don't understand how we got to this point. The people that wanted the agriculture ground zoned residential had a chance at the Impact Hearings to zone it that way. Now we have the responsibility to maintain the integrity of an agriculture zone and a HBD. Ted stated it is unfortunate that there are some residential homes on a HBD. As zoning changes residential areas are overtaken by businesses. Mary Ann said that house went in after the Drive In Theatre. Ted stated that Highway 33 is predominately business. Davawn stated he was concerned about the people that are surrounding this thing. He wondered who's responsibility it is to let them know what Mr Goe plans are to meet conditions, apparently there is some misunderstandings? He has addressed the rodents, the pollution, how he plans to take care of the glass, the oil, and how he plans to take care of all these things. Mary Ann said the way she sees it nobody is going to see those cars parked in back, with the exception of Mrs Davenport from her second story window. Mrs Goe said she had gone out there today and there is no way unless she stands on her roof or climbs in the tree house that she can see the dismantling yard. (discussion on which would be the better neighbor a Drive In Theatre vs the dismantling yard). J. D. stated we have to consider everything and be open minded of surrounding neighborhood. There is a veterinarian clinic and the stock yard in that area. John Millar stated that the city has the responsibility and opportunity to withdraw the conditional use permit if the constraints of the permit are not followed. Davawn stated that he is influenced by the neighbors. Brad stated they have brought up some valid points that would need to be addressed in the conditional use permit. John brought the boards attention to page 50. That is the criteria they need to use in making the decision. If we deny or approve we have to be able to answer the nine points that are listed and you can go into supplementary conditions (reviewing these points). Brad asked if they are going to put the crusher in a building? Mr Goe stated they would not be able to put the crusher in a building because it would become very explosive, but the noise would be very minimal outside. It goes down very slow and there isn't much noise. J. D. stated that when we discussed what constitutes a junkyard, if we used the broadest interpretation of a junkyard we all have junkyards in our own yards or garages whenever we store anything that is not used. That is why we struggled with the definition. From the interpretations that have been given, this is not like the junkyards that we see down to Idaho Falls, but it is a dismantling operation. We felt like there is not a specific category for that, that is why we came to the • conclusion that it should be addressed under other. ~~ ~ ~ They plan to install a corrugated steel fence around the yard which will be painted. John stated if we approve we need to have as conditions exactly how possibly pollutants will be handled, oils, antifreeze, gasoline. Joe asked Mr Goe about the explosions, he said they remove fuel tanks and drain them into barrels before crushing the cars, but explosions can happen. The batteries are hauled away and they cut the tires and haul them away or sell them. Joe stated on the drawing he showed a berm completely around the landscaping and asked him if he would have complete containment of all storm water on site? Mr Goe said he would. Mr Goe is also proposing a 10 foot high fence. Jim stated that the problem is educating the. public. John Millar suggested that as vehicles are moved that the spot that they were should be mowed so there would not be places for animals to hide. Mr Goe stated that there won't be any weeds in the back it will be gravel. Mr St Clair cautioned that in making the conditions that we are not getting away from the current ordinance and the current Lathrop ordinance so you are creating an automatic default. Ted suggested that the conditions that are imposed are reviewed every year or every 5 years to make sure he is complying. J. D. said usually • the neighbors are the enforcers. John told the board the position we will be in at the next meeting is this is an Impact Zone vote. When it does come to a vote it will be the three county representatives and three city representatives of P&Z. Our ordinance does not specify who will vote from our board. He felt it would be best to do it on a random selection. If it comes to a tie vote he would break the tie. J.D. said two representatives of the city P&Z could constitute one vote if everyone is here. The ordinance spells out that the three members from the county have equal weight to the city. John suggested that the board members list conditions for this property and bring them into Rose and she will compile them and send them back out. RE: DISCUSSION ON FENCES TOPIC: (400,21,,,FENCES) There are numerous fences that don't comply with the ordinance. Such as Erickson Pontiac, City Pump House, Water tower on 5th South, all schools. the college. John suggested that the board go through all the tables and see if they feel there are any inconsistencies that need to be amended. A motion was made by Davawn Beattie and seconded by Ted Whyte to adjourn. All Aye. i•