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HomeMy WebLinkAboutP&Z MINUTES DECEMBER 11, 1996~~ t" • ~. • t • DATE: (121196) Present were: Chairman: Members: City Clerk: Engineer: Attorney: Council Woman: Planning & Zoning 12/11/96 7:00 P. M. John Millar Mary Ann Mounts Ted Whyte John Watson Roger Muir Mike Thueson Davawn Beattie Doug Smith Jim Long Rose Bagley Joe Laird Stephen Zollinger Marsha Bjornn A motion was made by Davawn Beattie and seconded by Ted Whyte to approve the minutes of 11/13/96. All Aye RE: MICKELSEN FINAL PLAT ACCEPTED WITH CONTINGENCIES TOPIC: (400,155,,,MICKELSEN FINAL PLAT,EA5EMENTS,HOMESTEAD DEVELOPERS, SEWER) Mickelsen Final Plat- Ted Whyte and John Millar declared a conflict of interest. Mary Ann Mounts chaired the issue. This is the replatting of 9 lots. For some reason there was a plat drawn up on the entire block, which was originally platted into two blocks in 1976. For some reason the plat never got filed. About one half of the lots have been sold off by meets and bounds description. There is one large lot that they are wishing to subdivide into 9 lots. The very original plat did have an easement down the center of the lots which was 14 feet lots. Marsha reported on what the council discussed. There is a recorded Powell Addition Plat that shows this easement. The Mickelsen Plat was not recorded so it is as it doesn't exist. This is the third plat that is coming before this committee. It was felt that this plat would be done separately and Mickelsen would plat his separate. Ted Whyte stated that on the Mickelsen original plat it will take a lot of time to get all the signatures and Homestead would like to start building. Mickelsen have sold all the lot except one lot has not been built on. (discussion on platting together or separate] Stephen explained than unless you are changing the boundaries of the existing property the property owners are not required to sign. They are required to have a place to sign, but are not required to sign. From a legal standpoint it is easier to tell them to just get the whole thing platted but it can be platted in two separate plats without causing any legalities. Stephen stated this board has the leverage to require the entire parcel be platted or you can require an agreement that Mickelsen agrees to plat any portion of block 8 which is not platted in connection with the Mickelsen subdivision platted by no later than xxx date. Then the city will have the right to enforce • that. (discussion) John Millar stated this plat does not show the easement into the interior manhole in that block and where that needs to be. (referring to Joe's letter of recommendation). Stephen recommended that whenever this gets platted we need to correct the easement problem and put the easement where the sewer line is actually going to be. The sewer line that is the most out of the easement is on Darwin Mickelsen's property and he has indicated that it would be no problem to fix that. Joe explained where the sewer and water line goes where there is no easement. Stephen discussed the easement and Joe felt there should be a road for the truck access to the easement. A motion was made by Davawn Beattie to accept the plat for the nine lots contingent upon them putting a 15 foot easement between lots 8 and 9 and contingent upon Mickelsen giving the city an agreement that they agree to plat block 8 with the easement being based on the existing sewer and water lines; that this be platted. within one year. Seconded by Jim Long. Ted Whyte and John Millar declared a conflict of interest. All others voting aye. RE: GEORGE BENSON PROPERTY ON 2ND SOUTH TOPIC: (400,156,,,BENSON*GEORGE,2ND SOUTH,C.U.P.,STUDENT HOUSING, PARKING,M.D.R.,L.D.R.1) George Benson- He had bought a house at 120 East 2nd South- The realtor • `~ had sold the house to him telling him it was zoned M.D.R. instead of it being LDR1 or he would not have bought the house. He wanted to put apartments in the house for college students. He did not know which he needed a Zone Change or a Conditional Use Permit. (discussion) Definition of a family from Ordinance Book - Stephen gave an interpretation of the family and it was determined that he would only be able to house 4 students in each apartment. A motion was made by Jim Long that we recommend that it go to Public Hearing for a Conditional Use Permit to allow a duplex, seconded by John Watson. All Aye Neighbors from that street complained about all the student parking on the lawns on that street because there is no place to park. He would be required to bring in a site plan to show the parking at the time of the public hearing. RE: MENDOZA REQUEST TO BUILD SOCIAL HALL TOPIC: (400,156,,,MENDOZA*VICTOR,BEER SALES,DANCE HALL) Victor Mendoza- Request for a Conditional Use Permit to build a building where the Mendoza Trailer Court is at the present time. In the building there would be dances and they would sell beer for on presence consumption. This is zoned H.B.D. (discussion) A motion was made by Jim Long to recommend that we go to Public Hearing for a Conditional Use Permit. Seconded by Doug Smith. A11 Aye After further discussion it was determined that this building would be • used the same as the Armory is now used. It would be rented as a Recreation Facility for weddings, birthday parties, other parties, and ~~ • gatherings. It would be a social hall to rent. He also wanted the groups to be allowed to serve beer. It was determined by the board that this was allowed in the ordinance and would not need a Conditional Use Permit. Jim made a motion to withdraw his motion to go to Public Hearing, seconded by Mary Ann. All Aye RE: DAVID WOOD REQUEST FOR R.V. STORAGE AND FENCE PROBLEM TOPIC: (400,157,,,WOOD*DAVID,R.V. PARKING,FENCES) David Wood- He had requested to put a R.V. Storage lot on his parking lot next to the Standard Journal and Handi Bank on South 1st East. This is zoned C.B.D. After discussion it was felt that was not allowed in that zone. A motion was made by Mary Ann to disapprove the R.V. Storage lot. Seconded by Jim Long. All Aye. David Wood fence solution. After a long discussion it was felt that ? the board needs to go through the fence section of the ordinance and possibly amend that section. Neighbors had complained that his dog was getting out. He had put up a temporary addition to his fence, which the neighbors felt was very unsightly. His fence does not meet the requirements of the ordinance. Mr Wood had driven around and found several fences that were not in compliance naming one Dr Peterson has and one Rusty Tounsend has. It was felt by the board that we need to address some of the other fences out of compliance. He was told we would put his fence problem on hold and try to come up with a solution. The board would also look at making some changes in this section of the ordinance. RE: ARTERIALS TOPIC: (400,157,,,ARTERIALS) Joe have hand outs and maps on Arterials. He then explained. (discussion) A motion was made by Jim Long that we accept these arterials as drawn on the map by Joe. (copy on file). Seconded by Davawn Beattie. A11 Aye. Meeting Adjourned. •