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HomeMy WebLinkAboutP&Z MINUTES OCTOBER 08, 1997~~ C7 DATE: (100897) Planning & Zoning 10/8/97 7:00 P. M. Present were: Acting Chairman: Members: City Clerk: Assistant Engineer: Attorney: Mary Ann Mounts Jim Long Davawn Beattie Ted Whyte Mike Thueson Doug Smith Rose Bagley Val Christensen Stephen Zollinger A motion was made by Jim Long and seconded by Ted Whyte to approve the minutes. All Aye RE: TODD HAMMOND REQUEST TO PUT IN A ROCK SIGN TOPIC: (500,19,,,SIGN,APARTMENT,PUBLIC HEARING,HAMMOND*TODD,VARIANCES) Val Christensen explained Todd Hammond wants to put in a rock sign similar to the one Erickson Pontiac put in for his apartment complex. ~, The problem he has is where he wants to put it. The way the sign ordinance says, he has to have 20 feet from each property line. He wants to put it on a skinny piece that goes out to the street. It is not even 20 feet wide. He told Val he would supply letters to neighbors to get their feeling about the sign. (discussion) A motion was made by Jim Long that we schedule this for Public Hearing for a variance. Seconded by Ted Whyte. All Aye RE: DEAN AND LOIS GROVER REQUEST FOR A ZONE CHANGE APPROVED TOPIC: (500,19,,,1000 NORTH,ZONE CHANGE,WATER TANK,GROVER*DEAN) Stephen explained what Dean and Lois Grover have requested. The area is North across from 1000 North next to the new water tank. Dean & Lois's daughter and her husband Dave and Susan Salveseh would like to build on the property which is not five acres. The request is that this whole area probably should have been zoned differently. What they are requesting is that this board give consideration for a variance to get their house started while we give consideration to changing the whole area. Lois stated that these kids have inherited the property and it has been in their name for a long time. Stephen stated that there is a geographic reason this is a problem. To make this lot big enough cuts off any access to the back of the property which means you end up with driveways instead of a road. What Dean and Lois anticipate in the near future is having a road that runs down between Salvesens and the water tank that would allow lots that would not face onto 1000 North. More important than that is the entire green. area on the map is now zoned as five acre parcels. That is quite unrealistic. In going through your maps, he suspected that all the board is planning on rezoning that area • ,! in something less than five acre lots. Stephen suggested we give some quick consideration so they can get their house started. They will still have to go through the plan approval. All of the property owners are at .the meeting tonight. This lot was established the same time that Val Grover built his house. The deed records a portion to each of the children without specifically breaking it up in parcels. There are two reasons Stephen felt we should allow this (1) the Salvesons have been trying to get this through and kept getting sent the wrong direction (2) he anticipated that this zoning will be changed; it was almost an over site at the time we zoned it five acres because we did not anticipate the growth in that direction. A motion was made by Mike Thueson that we grandfather the less than five acre lot and that he bring a site plan to the building inspector for approval. Seconded by Jim Long. All Aye RE: KENNY BROWER PROPERTY IN THE WIDDISON ADDITION TOPIC: (500,ZO,,,BROWER*KENNY,IMPACT ZONE,ZONING ORDINANCE, WIDDISON ADDITION} Kenny Brower Property in the Widdison Addition. Darren Brower was representing the family. This property is in the Impact Area. Stephen explained, because it is in the Impact Area it went to the county. The county did not review or catch the fact that it was being put on a less than one acre parcel which would be required under our ordinance. We did not review it because it was beiny- done by the county and • therefore their is a foundation with a house on it with sewer and is `~ ready to be moved into. It is on lot 8 in the Widdison Subdivision and they are planning on putting their parents in the house. They have sold their property in Teton Valley and they have to be out by October 15. They have taken a parcel off of an existing lot for this house. No one has produced the protective covenants. It basically should have been before this group but did not through no fault of the Browers. Sharon Walker- The Browers live on the lot next to them. Stephen stated that this parcel has a potential to be two acre if the roadway gets abandoned. Mrs Walker said she did not think so it is 254' across including the 70 feet. Stephen stated as he understood that no one wants the road put through. Mrs Walker said she wanted the road. Stephen said it was not a county road. It is listed as county right-a-way and the county has no interest in that road because it goes to nothing. i• Paula & Brent Harris- The Browers are good neighbors but when she saw the two sides of the mobile home going down the street she was concerned that it would set a precedence and that every lot in that subdivision can just take off 100 or 200 feet for another house.. That way it would double the density of the subdivision. The one reason they moved there was because of the one acre lots. It is a smaller house than the houses that are there. It is a manufactured house that doesn't even face the street it was put in sideways. It is esthetically not good and she thought it was only ten or fifteen feet from the Johnson property line. She is concerned that if one person does it everyone will. There are two undeveloped lots that they could divide and put two houses on them. ~~ Mary Ann told them it is 7:30 P. M. and we need to start the Public , Hearing but we will get back to them. RE: CONDITIONAL USE PERMIT FOR MCBRIDE PHOTOGRAPHY APPROVED TOPIC: (500,21,,,C.U.P.,MCBRIDE*DOUG,IST SOUTH,PARKING) Public Hearing before the Planning & Zoning Commission regarding proposed issuance of a conditional use permit to provide for the property at 33 West 1st South be granted a conditional use permit for the operation of a portrait studio and photographic environment. The property is currently zoned Residential. Doug Mc Bride explained that earlier he had talked to the board about converting that into a Photo Studio. They have eliminated their processing equipment. They will only use the property for photographs. Right now they are renting it to the Bells until they get the permission to move over there for this business. Helen Young- 65 South 2nd East- She asked where they will put the parking? Doug explained the parking that they would have three parking stalls. They would only do five or six photos a day. The house sits way back and the ~ of paving would be okay. Ted questioned the signage? Doug stated that re had nct got to that yet, it would probably be a small one. They will try to leave the landscaping as it is. That is one reason they want to have a photo studio there is because of the yard. The back yard is beautiful. There is one tree by the house that is almost dead that they will probably take out. Mary Ann closed the hearing. This business can not be classified as a Home Occupational Business because they do not plan to live in the house. Jim Long made a motion that we grant a conditional use permit and as conditions they maintain the landscaping as it is and if they change the landscaping they go before the tree committee, that before they put a sign up that it come before this board to be approved. Seconded by Davawn Beattie. All Aye. RE: KENNY BROWER PROPERTY IN THE WIDDISON ADDITION TOPIC: (500,21,,,RIGHT OF WAY,WIDDISON ADDITION,IMPACT ZONE, BROWER*KERRY,STREETS) Brower Issue- Sharon Walker & Paula Harris questioned the abandoned of the road? That is the access to that subdivision especially with the greater density and would not be safe with emergency vehicles having to go in and out the same way. Stephen told her the road isn't there right now it is just a right-a-way. Mrs Harris stated it was on the north side. Stephen stated that was a driveway only and privately maintained so right now it hasn't been a safety factor. It would have to go to a hearing to abandon the road and if the people resist it won't get v~ i abandoned and you will end up with a through street rather than a dead end street. Sharon Walker stated that it could not be a through street. Stephen stated the county will look at both sides if they go to hearing for abandon the street because the county has no interest in keeping a right-a-way that goes to no where. Unless the property to the south has some potential to develop in the future the county will not keep a right-a-way that goes to no where. The right-a-way became nonsensical at point that the freeway came through. (discussion on abandonment of the road by Mrs Walker and Paula Harris) Stephen explained that when a road is abandoned half of the property goes to the lot on one side and half goes to the lot on the other side. Ericksons and Jensens are interested in abandoned their end of the road. Discussion on splitting the lots and that some of the lots are not an acre in that addition. Stephen stated that if the county would have picked up on this there would have not been a problem. All of the building permits were administered through this office but recently the county administers their own permits. Their is an overlap in Impact Area which somehow no one had picked up on and this is the first time this has occurred. Blair Manwaring does only the permits and inspections. If a deed has been issued he has assumed that the deed was issued after having. been reviewed. It should have been reviewed by this board but we did not get notice. We are just trying to sort this Out between the Browers, their neighbors and the county to make sure this doesn't happen again and what we can do at this point. Stephen stated that at this point we are a long ways down the road where it is hard to come back because they are $10,000 plus on this house. He is not sure it does not comply. The Browers can make this lot comply and keep their lot complying as well, by being consistent with the lots. The Harris' disagreed. Mr Harris is concerned that it will happen again. (discussion) Jim suggested that if someone comes to us for a variance with a hardship they can comply with our ordinance for a variance. Mary Ann stated that it is a hardship and they did not create it. It was the county that created the hardship. Jim stated that the county created the hardship and we as a board are committed to grant-the variance. Mary Ann stated that we do want to make sure it does not happen again. The Browers should not be made to pay for it. Mary Ann stated that we need to have a letter written from this board to the county telling them the problem this has caused us and hope that this does not happen again. Stephen stated that at this point a public hearing would not serve with no possible out come. Jim pointed out that the county is new at this and this is possible the reason that they caused the problem. Under the county rules they can build a second house on the same parcel of property for an immediate relative. In the Impact Area if everything would have worked this would not of happened. (discussion) The board felt the letter to the county should tell them that the Impact Area needs to be enforced through the City Planning and Zoning. Because the house is already there and the cost would be well over $10,000 and ~~ possible $20,000 to correct it, they would be allowed to leave the • house at that location. Meeting adjourned. • •