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HomeMy WebLinkAboutP&Z MINUTES JUNE 11, 1997~~~ DATE: (061197) Planning Zoning 6/11/97 7:00 P. M. Work Meeting regarding the Comprehensive Plan was held at 6:00 P. M. Those Present: Chairman: John Millar Roger Muir Davawn Beattie Mike Thueson Jim Long Ted Whyte Mary Ann Mounts City Clerk: Rose Bagley Attorney: Stephen Zollinger Engineer: Joe Laird Councilman: Marsha Bjornn Meeting called to order. A motion was made by Davawn Beattie and seconded by Ted Whyte to approve the minutes of 5128/97. A11 Aye RE: WESTERN RECYCLING TOPIC: (400,213,,,MAY*STAN,IST EAST,PARKING,WESTERN RECYCLING} Stan May representing Western Recycling was at the meeting to show a plan for the Western Recycling building on North 1st East. He had checked with American Land Title who checked on the easement but he did not know who it belonged to. (he explained the plans). He would have three to four employees. He stated that according to the ordinance the closest thing they could find for a parking regulation was 15 which seemed like a lot. He could come up with 12 parking places. He stated there was a question on the category. Joe said the closest thing they could come to as a category was a warehouse which required two parking places per 1000 square feet of building and Mr May felt that was excessive for the type of business he was in and wanted to appeal to P&Z to go to the section of the ordinance that states parking could be as directed the P&Z. It would be different than anything we have in the ordinance. The board questioned what happens if .the building gets sold and they need more parking? Discussion on the parking. Discussion and concern about the ownership of easement. This plan only works if he has access to the easement. Stephen stated that you can't sell a piece of property unless you provide access to a public road. If the title company thinks there is an existing easement that would work. He was told he could not park in the easement. Discussion on the room for the truck parking and turn around. John Millar stated that he felt he was working too hard to make to big of a building fit on to small of a lot and still provide parking. He stated that he could cut the building 2~~ down to 50 feet wide instead of 60 feet wide. John stated that we don't have any guarantee what will go in there perpetually so we need to make sure the parking is adequate. Stephen stated if they decide to sell the building after the fact and change use, the city can say we can't give you your business licence unless you provide adequate parking. The board told him to come back with the drawing showing parking and screening and bring in the easement as to who owns the easement and the use. The board suggested that he would need 15 or less parking places using the judgement of the board. RE: JARED SOMMER TOPIC: (400,214,,,PUBLIC HEARING,PARKING,APARTMENTS,NOISE) Public Hearing for Jared Sommer- 215 North 1st East- A Public Hearing regarding proposed issuance of a conditional use permit to provide as follows: It is being requested that the following described property be granted a condition use permit for the construction of a home with a single family apartment in the basement. The property is currently in a LDR 1 zone. The property is located at approximately 412 South 3rd East. LOT 2, BLOCK 1 OF THE SHERWOOD HILLS ADDITION PLAT OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT. John Millar turned the time over to Jared to explain his request. Jared Sommer explained that he had drawn up his plans and presented them the Arr.hiteCtural Coritrnl Com~??ittee consisting of Gary Aiman; Rob ~ Webster, Mark Rudd of the Sherwood Hills Addition and they all looked over it and approved the plans and signed off on them. He had also followed the Protective Covenants which states that with the Architectural Control Committee's approval they would approve the apartment for a single family residence. At a previous meeting Val Christensen, who's property is next to the Sommer property, had opposed it, so he had gone to the drawing board and drafted up the parking that would be amenable to him and he felt okay about it. John Millar asked if there was anymore comments from the audience. Jim Green-419 South 3rd East- immediately across the street from the property. He did not know anything about it until he had received the Notice in the mail. He had some concerns, parking was one concern. They have on the corner just down from them, right next to the Sommers property, a four plex for single students. They already have a noise factor there. If there can be some guarantee from Mr Sommer or anyone he might sell to in the future cannot not rent to single students and that the house will not become a rental unit then he would not have strong objections to it. He did not know if that would be possible and the last thing he would want would be for their residential neighborhood to have student housing move into it anymore than there already is. If there are not somekind of guidelines to keep that from happening, he did not know what would stop this gentleman from selling his home in a year and having twelve single students living in there. They already have the problem on the corner without this committee's permission they put cement all the entire front of the building. It was the old Buena Vista and it has cement all the way across the front of it and he would not want to see anymore of that taking place in ~' their neighborhood which is a primary residential neighborhood with numerous children on that street. If we have student housing in the neighborhood it would increase traffic which would be a concern to most people in .the neighborhood. He talked to Gary Aiman since he signed and he is concerned after having signed as to what protection we have in the neighborhood to keep that from turning into a permanent rental. Mr Green felt that it would not bother most of them until Mr Sommer got on his feet to have him rent to a married family for a while. There needs to be somekind of protection that it does not become a permanent rental. Mr Sommer stated they would never be able to exceed 5 people in the rental unit as it states in the Zoning Ordinance and they have stated they would only rent to 4. He showed him the plans. They are going to keep all the parking on the side where the four plex is. Mr Green stated he is opposed to him renting to single students and talking to the others in the neighborhood and they would be opposed to it. Married students would be different because of the vehicle use and noise. Mr Green stated that Mr Aiman was under the impression it would be rented to a married family not students. Mr Green also stated that he was afraid that they would find other buildings coming up in the very same area for the same purpose of providing single student housing which is totally unacceptable to everyone he knew in the neighborhood. Ct er,h e~; ±~n,l rl him to nl ari fv~ tha narki nn wpul d limit It tQ four. Jim t..- -1 r-------~ Green stated that he did not think that the zoning would allow single students and argued that he and one other family only got notices. The city clerk showed the list of everyone within 300 feet that had been sent notices and a picture of the notice that had been posted on the property. Mr Green again stated there is a big difference between single students and a married couple. John closed the Public Hearing and turned it to the board for discussion. Jim Long made a motion to table it to another meeting to allow more neighbors to attend the meeting. Stephen told him all the neighbors within 300 feet had been notified and could have come to this meeting or submitted written testimony. The board explained to Mr Green the definition of a single family which is up to four non related people. John Millar told him that was a Federal Law. (discussion on definition of a family) Motion died for a lack of a second. Stephen told him Jared had come before this board three or four months ago and the definition of a family was explained and this was before he went to the Architectural Board. There has always been single students allowed and Mr Sommer has represented that they will rent to whomever will rent it but cannot exceed four single students as defined in our ordinance. Mr Green wondered why he did not know about this sooner. Stephen told him we are only required to send a legal notice for the Public Hearing and that is all that is required. It is not required of the city to send any other information. We cannot discriminate against the type of family and we go by the Federal Law on the definition of a family. He told Mr Green that the Architectural Board signed off on the ~111- ,!~ plans. Mr Sommer does not even have to tell them or the city he is going to rent to single students. It is legally inappropriate for the neighbors to consider if the family will consist of a married couple, single students or other types of a family unit. Discussion on types of families. Stephen told him that his vote today was in favor of granting the Conditional Use Permit whether he meant it to be or not because h said he would accept a single family and that is all this committee can consider. We cannot talk about what kind of a family can locate in that apartment. Mr Green stated he could not speak for the other neighbors and he felt it would be a courtesy to them to let them know what is happening. He was again told they were all sent a legal notice, it was in the paper and posted on the property and that is all that is required by law. The board told him we have to be fair to Mr Sommer too. He has been working on this for several months and to deny it because people are out of town or watching the ball game it is not fair. Stephen pointed out to the board in a discussion that it states in the protective covenants that it is subject to single family rentals. In our Ordinance he is allowed a rental unit under a Conditional Use Permit.. Ted stated that there are two homes that have put in apartments and have not come before this board. Mary Ann asked Mr Green where those rentals park if they did not come before this group and get it and the parking approved. Mr Green said they probably park in the parking fir tha apartrrient GQmr~l ex ar-rnsa the rpad~ ~,~ Jared stated he did exactly what he was instructed to do. He went to the Architectural Control Committee and explained to Gary Aiman exactly what he wanted to do and told him he would rent to students. He was up front with it. He had his plans signed off with this Committee.. Then he came to Planning & Zoning and Val Christenson wrote a letter that he was against it. Jared then asked P&Z to give him a denial because he did not want to cause the disruption in the neighborhood. He then went to Val Christenson the next neighbor on the south and showed him the plan. He said he did not like it and ask Jared to change the plan as he has done. Val said he did not want the students walking and infringing on both sides of the house but wanted them kept on the side by the existing apartment, which he did. He had kept the students on the side that boarders the apartment complex. Mr Christenson felt good about the revised plan. Mr Green argued that he had not been shown the plan prior to this meeting and other neighbors had not seen the plan. Jared felt that was what the Architecture Control was for. Jared stated he had waited six months, he had $500 earnest money in it and a deadline on the purchase, so it is either now or never. John Millar stated that basically he had followed the letter of the law and we have followed the letter of the law. All the owners of record were notified. i• A motion was made by Roger Muir that we approve Jared's Conditional Use Permit and plan. Seconded by Mary Ann Mounts. Those voting Aye: Roger Muir, Davawn Beattie, Mike Thueson, Ted Whyte, Mary Ann Mounts. Voting Nay: Jim Long. Motion Carried. ~~/~ Jared asked what they can appeal have grounds to was notified and off on the plan. subdivision. would happen after this meeting? Stephen told him it to the City Council within 15-days. They have to appeal it. John stated that everyone within 300 feet the Architecture Group was notified and they signed That Architecture Group was elected to see over the Meeting adjourned. •