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HomeMy WebLinkAboutP&Z MINUTES MARCH 13, 1996>- ~,' DATE: (031396) Planning & Zoning 3/13/96 7:00 P. M. Those present: Acting Chairman: Mary Ann Mounts Members: Jim Long John Watson Davawn Beattie Ted Hill Roger Muir Excused: John Millar Richard Smith Eric Erickson Marsha Bjornn Councilman: Glen Pond City Clerk: Rose Bagley Engineer: Joe Laird City Attorney: Excused Fire Inspector: Dee Owens In John Mi11ar's excused absence, Mary Ann took charge of the meeting. RE: BRAD LARSEN'S PROPOSED 4 PLEX ON 2ND EAST DISCUSSED TOPIC: (400,68,,,LARSEN*BRAD,2ND EAST,APARTMENTS) Brad Larson's 4 plex Phase 1 plan South of Armory Reserve on 2nd East. Joe presented the plans and explained it. He will need to screen the parking on the East and North. They intend to landscape around the parking lot. (discussion) Mary Ann felt because we discussed at length the apartments that Bill Henderson was going to put on that lot, she recommended that Rose send all the board a copy of those minutes to review prior to the next meeting. We suggest that he informs us of how many more units he plans to put on the lot and where he intends to locate the other buildings. RE: PUBLIC HEARING FOR C.U.P. FOR CLIFFORD COUGH - APARTMENT IN BASEMENT, 601 TAURUS. C.U.P. APPROVED WITH CONDITIONS) TOPIC: (400,68,,,COUGH*CLIFFORD,C.U.P.,TAURUS) Public Hearing for a request for a Conditional Use Permit for the property at 601 Taurus to allow Mr & Mrs Clifford Gough to rent a single apartment in the basement to non-family members. No one was at the meeting to testify except Mrs Gough. They have the regulation windows and have a private entrance. They would let them park in the garage. Roger stated as he recalled there were two questions. 1. was the Restrictive Covenants and (2) if there are other homes in that addition that have apartments in them. She said the Restrictive Covenants have not been active for several years. Mary Ann stated that it is not our job to enforce the Protective Covenants. John Watson asked how this is different than Doug Ladle's request. Roger told him that would have been two buildings on the same lot. Roger stated that with other residents with the same situation, no one opposed it at that • ~~ time. Rose told them in the old ordinance under Rl you could have an apartment in the basement. Ted declared a conflict of interest. He had several people contact him who were opposed to it but did not want to come tonight. He did not know of any apartments in the neighborhood. Mary Ann stated that because it is a Conditional Use Permit we can add conditions. Jim questioned the legality of them parking in the driveway, side yard and behind the house? They have grass to the side of their house. They would need four designated parking places. Mrs Gough said that would be no problem. Jim stated that the Ordinance is trying to prevent parking in the front yard. Roger asked if they have extra parking to the side of the house? She said they would. Roger stated to their benefit they do have the extra driveway area to the side of the approach in front of the house. (discussion on parking) Ted asked about the Restrictive Covenants. John Watson made a motion that we accept the plan and issue a Conditional Use Permit with no provisions. Davawn questioned the purpose of the ordinance reading on Page 33-4.8. Roger stated that in view of the fact that none of the neighbors except Ted came in to voice their opinion, he would second the motion. Those voting aye: John Watson and Roger Muir. Those voting nay: Davawn and Jim. Ted abstained. Being it was a tie vote Mary Ann had to vote. She voted nay. Jim told her she needed to present a plan to show her parking. Mrs Gough stated she thought it was approved except for the hearing. Mary Ann told her the ordinance gives 60 days from the hearing to make a decision. She told her the reason she voted nay was because we need to list some conditions. Jim stated he did not feel comfortable making a decision without the attorney here. Mary Ann stated that was bothering her tao. We need to come up with some conditions. We need a parking plan and requirements that this can be only a one car rental. She is entitled to a Conditional Use Permit if she meets the requirements. A motion was made by Davawn the we approve it contingent upon a stipulation that it be a one car rental and that it meets the requirements of the Ordinance as reviewed by the City Attorney. Seconded by Jim Long All Aye Except Ted Abstaining. The attorney will draw up a finding of fact and Mrs Gough will get a copy. RE: ADDITIONAL CAR WASH AT RAYS CHEVRON ON 2ND EAST APPROVED TOPIC: (400,69,,,CAR WASHES,RAY'S CHEVRON,2ND EAST) Steve Oakey presented a plan for an additional car wash at the existing Rays Chevron on 2nd East. They are proposing a two way .car wash to the North. It is now an empty lot. The egress will not change from what it is now. There is plenty of space around the back. They plan to relocated the propane tank around back. They plan to put green area by the Chevron Sign. A motion was made by Ted to approve the plan. Seconded by Jim Long. A11 Aye RE: PIONEER PARK PLAN APPROVED TOPIC: (400,70,,,PIONEER PARK,TABERNACLE,REXBURG FOOD CENTER) Pioneer Park Plan- Leola Erikson was at the meeting to present the plan. This will be constructed South of the Tabernacle Civic Center. She stated the plan had been approved by the Tabernacle Board and by the mayor. They will have a rot iron fence between it and the Food Center parking lot. She explained the landscaping. The purpose of this is to display historical items and also to use if for an educational media for school children. They would have ladies there to demonstrate or tell about pioneer heritage and facts. They have four different eagle projects going on in it. (discussion) They have permission to park on Food Center property. Davawn stated he would be happy to come and help plant it. A motion was made by Jim to approve the plan and seconded by John Watson. All Aye. Glen suggested that it would be a good idea to get a joint use agreement with the Food Center for the parking lot for the future. A motion was made by Jim to approve the minutes. Seconded by John Watson. All Aye. Discussion on public arguing and discussing issues. John stated he did not believe in going by the exact letter of the law when it is not wise to do so. Jim stated if we make an exception we are opening a can of worms. Mary Ann stated that a Conditional Use is an exception. RE: PLAN FOR ADDITION TO CAL RANCH STORE PRESENTED & DISCUSSED TOPIC: (400,70,,,CAL RANCH STORE,GREEN BELT,LANDSCAPING,2ND EAST, CURB AND GUTTERS,SIDEWALKS) Joe presented a plan for an addition to Cal Store. They are adding on 32 feet for the full width of it. They are taking the existing storage for parking. They are going to pave behind with a chain link fence. Roger asked if they have to have a maintenance strip down the river. Jim asked that we have applied for a green belt down the river, what happens if tomorrow we get granted to put the green belt in, who owns that property. John suggested that it should be landscaped. Joe felt they should have partial sidewalk, curb & gutter and a partial street along the frontage. Roger stated we can't impose regulations because of our intent and felt we should suggest landscaping. Glen reminded them that they are not changing the use and they have an existing parking lot and we won't stop shopping there because they don't have trees. (discussion) Jim made a motion we need advisement of the potential project they have planned for what they think is their property by the river area and what the city has planned for the green belt. Request that they complete a landscaped strip on 2nd East to correspond with that across the street. That as part of the recommendation in the front we propose if they provide the planting space that the City will provide the trees through the Redevelopment Agency. That they be advised by city ordinance that they provide curb & gutter and sidewalk along the South side of their property. (Check with City Attorney, Joe didn't think we 7~ ~!~ could force them to put curb & gutter, street and sidewalk, we could only request). Seconded by Davawn. Roger stated that we need to have them find their property line but he did not think we could force them to do something because of what we think is coming. All voting Aye to the Motion. Question if they are grandfathered and would not have to meet the requirement of curb & gutter, sidewalk and street. Ted told the group that the Sidewalk Ordinance is not working. Glen stated that this summer we are going to have an L.I.D. this summer for sidewalks. A motion was made by Roger and seconded by Davawn to adjourn. All Aye •