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HomeMy WebLinkAboutP&Z MINUTES MARCH 25, 1998~~ • • • DATE: (032598) Planning & Zoning 3/25/98 Work Meeting on Comprehensive Plan Regular Meeting 7.00 P. M. Present were: Chairman: Members: City Clerk: Attorney: Council Member: Engineer: Assistant Engineer: John Millar Roger Muir John Watson Doug Smith Jim Long Ted Whyte Davawn Beattie Mary Ann Mounts Rose Bagley Stephen Zollinger Bruce Sutherland Joe Laird Val Christensen Introduction of the scouts. A motion was made by Ted Whyte and seconded by Jim Long to approve the minutes of 3/11/98. Davawn and John Millar abstained because the had not attended that meeting or were not in attendance for all of the meeting. A11 others aye RE: BEESLEY REQUEST FOR VARIANCE TOPIC: (500,59,,,SETBACK,BEESLEY*LARRY,5TH WEST,VARIANCE) Larry/Christine Beesley request for variance for Sub Standard Lot Size and Setback. They are requesting to build a new house between Mrs Beesley's house and the house just south of the vacant lot. This property is located at 50 and 80 North 5th West. Christine explained. They want to build a house on this property that is more handicapped accessible for their mother. The lot is 66 feet so they want to put the house closer to the property line in the back so it would be 16 feet from the property line. John Millar stated that the lot size would be less than the ordinance allows. The existing house does have an attached garage and a detached garage. The detached garage is only about two feet from the property line, but was built a long time ago probably before we had zoning. The old house that was there before the flood was also two feet from the property line. They had an agreement with the neighbors that it was okay to do that. John Millar stated that it would leave the lot where the new house is with a sub standard lot but then the existing house would stand on a 5610 foot lot. Val stated there would need to be a front and back variance. The board said if it is consistent with the existing homes they would not need a variance in the front. (discussion) ~~ A motion was made by Ted Whyte to proceed to Public Hearing, seconded by Doug Smith. All Aye Jim Long suggested that each member of the Planning & Zoning visit the site before the Public Hearing. RE: PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR JOE LAIRD ON 1ST NORTH TOPIC: (500,60,,,LAIRD*JOE,PUBLIC HEARING,IST NORTH,ZONING, SIDEWALK,C.U.P.) 7:15 P. M. Public Hearing regarding proposed issuance of a Conditional Use Permit to allow for the home at 514 East 1st North to be converted to a Duplex apartment to allow for a single family apartment on the main floor and a single family apartment in the basement. The property is in an LDR1 zone. John Millar opened the Public Hearing. Joe and Jan Laird are applying for the Conditional Use Permit. Joe Laird showed on the map the location of the home. He explained the house has a kitchen and bathroom upstairs and a kitchen and bathroom downstairs. If they buy the house it is their intent to buy it for a duplex with one apartment upstairs and one apartment downstairs. It has a two car garage, with two parking spaces in front of the garage, and a circular driveway with room for at least two more cars. For two families it would require four spaces. It doesn't need anymore parking or any changes to the • house. Everything would be the same as it is now except for putting another door going downstairs and closing it off so it would be two separate units and when you come in the front door their would not be a stairs going downstairs: They are requesting a Conditional Use Permit to use it as an duplex rather than a single family home. Roger Muir and Ted Whyte declared a conflict of interest. John Millar read a Petition signed by 26 residents in that neighborhood opposing that a Conditional Use Permit be issued to allow a duplex be put in the home. (on file) There is also letter from Jim Morris opposing it. ( on file) John Millar then opened the Public Hearing for public comment and told them to come to the mike and give their name and address. Robert DaBell -500 Edith Circle- He asked why do we Zone in the first place? Why was their neighborhood zoned LDR1? Since it was zoned that way why would it make sense to grant a variance for that and especially because it appears that there is an objection by the majority of the residence. He would encourage the Planning Commission not to grant this Conditional Use Permit. They are zone LDRl and he felt it should remain that. There is a reason it was zoned that way. He stated he would also welcome the Zoning Commission to educate the public that are attending the hearing if there is a valid reason that should be changed. Garth Dexter- He lives next door to that house. There has never been • two families or an apartment in that house. That is a dangerous corner ~' ~~ and to have all those cars parked there it would be hard to see cars coming up hill. He is against giving a Conditional Use Permit for a duplex when it is zoned for single families. Ruth Halterman- 14 North Millhollow- She has lived there for 20 years and would like to have the neighborhood stay the way it is. They have enjoyed living there and as Garth Dexter has stated, this house is right on the corner and is a dangerous corner with the cars coming down Millhollow. With a lot of cars parked there would make it so you couldn't see and it would make it dangerous. John Millar asked if there was anyone else wanting to make comment? No one else wanted to comment so he closed the hearing and turned it over to the Planning Commission for discussion. John Watson stated right now they have re-routed all the traffic to the hospital around that corner which makes it a busy corner. That will change in June or July. Robert DaBell stated that the traffic is only one reason for their objection. John Millar explained that a Conditional Use Permit will not change the zoning. It would stay L.D.R.l. What a Conditional Use Permit does is allow a use of the property which iS not allowed by the ordinance under ',~ • specific conditions. The board has the power to require certain conditions on the property that would ensure the value be maintained on the property. The board doesn't necessarily advocate a change or not a change. Those issues are brought before us are heard and presented to the public and if the board feels there is justification with proper conditions then a Conditional Use Permit could be granted. John Millar pointed out there are some houses in the neighborhood that has apartments that have not come in for proper authorization and are in violation of the ordinance and are in violation of the Restrictive Covenants of the the Subdivision. (discussion) Mary Ann explained that this use is acceptable in this zone already with conditions. This means we can make conditions above and beyond what you would normally have to do. She also told them when the new Zoning ordinance was adopted, there were public meetings and everyone was invited to come and say how they would like their neighborhood zoned. She told them that not one person from that neighborhood came to the meeting and showed any interest. Stephen told them the only neighborhood that excludes a duplex is L.D.R. Zone. (discussion on Conditional Use Permits) John Millar explained the requirements in the old ordinance allowed duplex in R1 which the property was previously zoned. Stephen explained what constitutes a Conditional Use Permit and requirements listed in the Zoning Ordinance. He explained Road Design in that area might seem troublesome to the residents but he was sure it exceeds the minimum standards. There is probably not an issue there but it is a possible issue this board can consider. Parking is an ~~ issue that would need to be addressed. Most of the issues we would not address because this is an existing structure. There are probably two of the nine things listed that might be an issue, possibly the traffic and the parking. Neither of which would put this board in a position of rejecting this Conditional Use. It does put them in a position of putting conditions on the use of this facility as a duplex. He told them this is a right to put a duplex in that zone, unless there is something that can be picked off this list of nine things in .the Zoning Ordinance that precludes it. Stephen told them they have the option to come in and petition as a neighborhood to have the zone changed from LDR1 to LDR however they would not be able to get in front of this particular hearing so this will be decided on it's merits. (discussion) John Millar stated what we can do is put supplementary conditions on the property. The guidelines for these conditions are listed in the ordinance. Discussion of the parking. It was also stated that a sidewalk will have to be put in. John Millar told them in the old Zoning Ordinance a duplex was allowed in that zone. He told the board there are three options (1) We can approve it without conditions. (2} We can approve it with conditions. (3) Or we can deny it. Stephen told them they can only deny it if it violates one of the nine conditio~is listed in the Zoning Ordinance. . John Millar stated that our ordinance states that we have up to 60 days to make a decision with the findings. A motion was made by Mary Ann Mounts that we go to a fact finding so we can develop the conditions of this Conditional Use Permit. Seconded by Jim Long. All Aye except Ted Whyte and Roger Muir who abstained from voting. John Millar told those attending if there any conditions-that would help with this situation that you bring those suggestions in and give them to Rose. RE: ZONING ORDIANCE HOUSEKEEPING CHANGES TOPIC: (500,62,,,ZONING ORDINANCE,SIDEWALK,SETBACK,LANDSCAPING, SUBDIVISION) Discussion on the Amendments to the Zoning Ordinances which are Housekeeping changes. Discussion on the intent of the placement of the sidewalk, setback and the landscaping. The city council felt there was no problem doing this in new subdivisions but there was some opposition in the older areas of the city. Discussion on the intent of this amendment. RE: REQUIRED SIDEWALKS & LANDSCAPING IN RIGHT-OF-WAY TOPIC: (500,62,,,SIDEWALK,LANDSCAPING,RIGHT-OF-WAY) A motion was made by Mary Ann Mounts that property owners would be . required to place sidewalks and landscaping in any right-a-way which allows for placement of the sidewalk up to and including 7 foot of V:. ~'~ landscaping or as existing conditions dictate. Seconded by Jim Long. All Aye Meeting adjourned. ~ •