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HomeMy WebLinkAboutP&Z MINUTES JUNE 10, 1998~~ DATE: (061098) Planning & Zoning 6/10/98 7:00 P. M. Present were: Chairman: John Millar Members: Davawn Beattie Jim Long Doug Smith Ted Whyte Mary Ann Mounts Gary Steiner Mike Thueson City Clerk: Rose Bagley Assistant Engineer: Val Christensen A motion was made by Jim Long and seconded by Dava.wn Beattie to approve the minutes of 5/13/98. All Aye A motion was made by Davawn Beattie and seconded by Ted Whyte to approve the minutes of 5/27/98. A11 Aye RE: KEITH AND GUY ERIKSON REQUEST FOR A VARIANCE TOPIC: (500,87,,,VARIANCE,SETBACK,MINOR ARTERIAL,IMPACT ZONE, RIGHT"-OF-WAY ) Keith & Guy Erikson request for a variance for the setback required for minor arterial within the City Impact zone to allow for the construction of an agricultural building at 873 west 2000 South. Val and John explained this is at the old Erikson place which use to belong to Guy and Keith's dad. Some of the other buildings on that property are closer to the road. Teton West Construction Yeas already started on the building not realizing they had to meet the requirements, so they are asking for a variance for the setback. John thought what they are asking in the variance is for 15 feet. This building would not be any closer to the right-a-way than the line that has been established on the south side of the road. Ted suggested the road at the bottom of the hill will always be a potential danger especially with a bike path and if it is a minor arterial. If there is more encroachment it will pose as more of a problem. (discussion} A motion was made by Ted Whyte and seconded by Jim Long to schedule it for Public Hearing. All Aye RE: J.D. HANCOCK PUBLIC HEARING - PROPERTY LOCATED AT 58 1/2 W 1ST N TOPIC: (500,87,,,HANCOCK*J.D.,PUBLIC HEARING,VARI:ANCE,IST N.,SETBACK, PARKING,LANDSCAPING) 7:15 P. M. a Public Hearing regarding the issuance of a variance that the property located at 58 1/2 West 1st North be granted a variance for setback to allow them to build closer to the back property line for the construction of a duplex apartment. John Millar opened the hearing. ~~ J. D. Hancock presented his proposal. This same proposal was given at the last hearing. He had purchased the Cora Nelson property which is approximately 30' X 70'. After the flood Mrs Nelson had put a mobile home 14' x 64' which was setting 6' from the West property line and 6' from the North property line. The North property line abuts Mickelsen storage lot. This spring. he purchased the Helen Higley home. He would like to build a home on the back half of the property.. The back setbacks of most of the homes on that block are not consistent with the setback requirement. He is requesting a 10' setback for the back lot. They did not create the small lot to begin with but they have increased the size of the lot so it would be more desirable to maintain the building and also have more landscaping in the front. This lot is a substandard lot. John turned the meeting over for Public Comment. Lynn Davenport- 66 West 1st North- He questioned the size of the lot with the description given. Mr Hancock had mentioned the descripticn of the the other properties on that lot, which are not in the same zone as the property he is talking about. The people on the east and west of the block are making every effort to maintain a residential status. The intrusions that they are now experiencing does not allow them to do very much of that because of the ways the laws are. It is his feeling the grandfathering concept for a subsequent owner of property does not do anything more make problems that the standardization regulations are trying to alleviate. They are strongly opposed to any additional construction. He stated that he had an attractive backyard. They are against this proposal, however if the existing laws do not bring about a cancelation of any additional construction on that property, he would ask for some minimal conditions to be satisfied if there is to be building of any kind on the back part of the lot. (He listed conditions which a copy is attached.) They don't feel it is an improvement but feel it is a continuation of bad conditions that regulations are trying to overcome. John Millar closed the hearing. He read a memo from Lynn Davenport stating objections and conditions he would recommend to have imposed. {Copy attached) It was then turned over to the board for discussion. John Millar reminded the board there are two things we are looking at, a Variance for the back setback and a Conditional Use Permit for the duplex and as such we can place conditions on the issuance of the permit. {discussion by the board) Ted asked J. D. if he would consider building a single family home? J. D. told him it was questionable. Because the city attorney had not arrived a motion was made by Davawn Beattie and seconded by Mike Thueson to table the decision until later in the meeting and go onto the Public Hearing that was scheduled for 7:30 P. M. RE: VARIANCE GRANTED FOR A SIGN AT 354 S 1ST WEST BUNKHOUSE APT TOPIC: {500,88,,,VARIANCE,PUBLIC HEARING,APARTMENTS,SIGN) 7:30 P. M. Public Hearing that a Variance be granted for a sign to be placed in front of an apartment complex located at 354 South 1st West, Rexburg, Idaho. ~~ ,~ John Millar turned the time over to Max Wade to give his proposal. (He showed the drawing) They want to put up a sign so people will be able to find his apartments. The sign will be 12' X 8'. As he looked into regulations for a sign, he found out he is not even close with his footage for a sign. Val explained that his frontage would not even allow for a sign because it comes into a point. If the front property was squared off, it would allow for a sign. A motion was made by Jim Long that we allow a variance for the sign because of the "Odd Shaped" frontage of the property does not allow for a sign. Seconded by Ted Whyte All Aye RE: VALERIE HULL PRELIMINARY PLAT FOR THE LYMAN SUBDIVISION TOPIC: (500,89, „ HULL~VALERIE,SUBDIVISION,FIRE DEPT.,SEWER,WATER) • • Valerie Hull and her engineer was at the meeting to present a preliminary plat for the Lyman Subdivision. This plat had not been reviewed by Joe or the department heads. Ted Whyte declared a conflict of interest. John Millar stated a problem he could see is the Fire Department may not approve of the diameter of the radius of the private drive if they can't turn their truck around. (discussion) A motion was made by Mike Thueson to approve the concept of the Lyman Subdivision Plat subject to the engineer and department head approval. Seconded by Jim Long. John Millar suggested that they needed to make sure the plat showed the drainage, water, sewer and fire hydrant. After it has been approved by the department heads and the corrections are made bring tie final plat back for approval. All vot;ng aye to motion except Ted Whyte declaring a conflict of interest. RE: J.D. HANCOCK PUBLIC HEARING CONTINUED TOPIC: (500,89,,,HANCOCK*J.D.,PUBLIC HEARING,VARIANCE,IST N.,SETBACK, PARKING,LANDSCAPING) Because our City Attorney had not yet arrived a motion was made by Jim Long and seconded by Ted Whyte to table the decision for J. D. Hancock until the board could get legal council. However J. D. felt he had been put off too long and wanted a decision tonight. Mary-Ann read from the Zoning Ordinance the steps to require a variance. (discussion) Mary Ann explained that the variance is for the setbacks. The board discussed that some of the other buildings do not meet the back setback requirement. John Millar told the board one option that is available to us is if they elected to approve the variance and the conditional use which is still required for the duplex, we can attach conditions that have been suggested by the neighbors or similar. We can pose conditions which could be put on the property that would mitigate a higher level of development. (discussion) Jim Long withdrew his motion to table the issue. Seconded it by Ted Whyte. All Aye. A motion was made by Jim Long to grant a variance for a 10 feet setback for the rear yard because of the hardship of the lot size which was not created by J. D. and because it would be consistent with the other ~~ buildings in the neighborhood and that it would not change the character of the neighborhood. Seconded by Ted Whyte. All Aye A motion was made by Ted Whyte that we approve the Conditional Use Permit to allow for a duplex with the following conditions. (1} That there be a privacy fence put up between J. D. Hancock and the Lynn Davenport property as designated by the mutual parties approximately 85' long or to Davenport's hedge. (2) That the shrubbery and greenery be the least disturbed as possibly. (3) For the requirement for the parking that there be a 20' X 20' turnaround which includes a minimum of two parking spaces, plus four adequate parking spaces within the confines of the garage. (4) That there be a hard surface parking-area included for the Higley property. Motion seconded by Jim Long. All Aye Meeting adjourned •