The URL can be used to link to this page

Home My WebLink About11 24 1987 CM151 COUNCIL MEETING MINUTES November 24, 1987 Minutes of a regular meeting held in the city municipal building, November 24, 1987. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Leroy S. Quick, Steven M. England, Boyd L. Fullmer, Attorney B. Lynn Winmill, Engineer Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor Cotant. APPROVAL OF M~NUTES - Mayor Cotant asked for corrections and additions to the minutes of November 10, 1987. Councilman Quick moved to approve the minutes of November 10, 1987 as read. Councilman England seconded. All councilmembers present at the meeting voted in favor of motion. FINAL PLAT - ROLLING HILLS SUBDIVISION - David Klatt was present, representing Stan Drew. Mr. Drew was in the ill in the hospital. Mayor Cotant suggested mailboxes in new subdivisions be the ~roup mailboxes. Mayor Cotant said the post office will install the boxes. Mr. Klatt said he liked the idea, but, with the Rolling Hills Subdivision there would be a problem in that, the six lots are divided into two different areas. Mr. Klatt said it might be possible, if some of the existing homes owners will cooperate. Engineer Smart passed to Mayor Cotant and Council copies of the preliminary plat and stated everything looked in order-and recommended the final plat be approved. Councilman Fullmer moved to approve the Rolling Hills SubdiviSion Final Plat, subject to payment of $622.00, cash in lieu of park contribrution. Councilman England seconded. All councilmembers voted in favor of motio,n. ACCESSORY STRUCTURE REQUIREMENTS - Fire Chief Cary Campbell with, Safety Officer's Jim Phelp'sinput, presented a report on accessory structure requirements to Mayor Cotant and Council. Mayor Cotant suggested a building within a certain size, that is 20' from a house, be allowed to be on the fence line. The eve line of the house should not effect a neighbor.. Attorney Winmill suggested imposing a reasonable requirement that is directly related to fire and safety concerns, then enforce the requirement. Attorney Winmill said there could be a problem regarding liability: Would the City be liable if a problem was brought to the citys attention and nothing was done about it? The answer could be yes, but the city is not oblig- ated to J.~spect every property, because of the costs that would be incurred. 153 ACCESSORY STRUCTURE REQUIREMENTS - (Cont.) Discussion about size limitation on structures: After considerable discussion Mayor Cotant directed Attorney Winmill to prepare an ordinance amending the Land Use Ordinance.regarding accessory struct- ure requirements and present at the December 8, 1987 Council Meeting. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve the computer print-out claims as read. Councilman England seconded. All councilmembers voted in favor of the motion. Mark Bunde, 755 East Chubbuck Road., asked if the council would release a building permit for lot 6, in the Rollinq Hills Subdivision this week, before the final plat is recorded~at the Court House. Engineer Smart told Mr. Bunce earlier in the week that it could not be issued without special action by the council. Enqineer Smart stated the improvements are in at this time. Councilman Enqland moved to authorize the City Building Official to issue a buildinq permit for Lot 6, in the proposed Rollinq Hills Subdivision on the following condition; that 1he applicant for the building permit agree in writing that the building permit is subject to revocation in the event that the final plat is not recorded, in full performance with all applicable laws in thirty days from this date, also included in that acknowledgement a waiver of any claim against the city in the event that the buiTding permit is revoked because of non-recordation. Councilman Fullmer seconded. All councilmembers voted in favor of the motion.. GENERAL BUSINESS - 1) Chubbuck Boys Baseball Coaches Meeting, December 2, 1987 - City Council Chambers. 2) Attorney Winmill reported he has been in the process of working with Engineer Smart to prepare an ordinance to allow the city to make a determination that an unsafe condition exists.because of a lack of sidewalks in a particular area, in which cas~ the city would put on notice the property owner, that . the city deems the situtation to be unsafe, giving him a period of six months to fix the sidewalk, if not the city will fix it, and assess the bill to the property owner. Th~s ordinance would apply to either existing sidewalks or undeveloped areas. 3) Mayor Cotant worked out a verbal agreement with Kent Parris~where Mr. Parrish would donate the right-away at southwest corner of Chubbuck & Hiline Road in trade for the city installing curb gutter & sidewalk, plus haul some fill for the southwest corner of Chubbuck & Hiline Road. The agreement has been signed and returned by Kent Parrish. 4) Engineer Smart reported Tom Nield went to the sleigh hill at Bistline Park to discuss with Officer Phelps and~Steve Sm~bt any'safet~ problems the~6:might be in~l~tting the park. be-~u~edi~s.a s]ei§h~hi~'l:~Mr:.iNietd felt']using Lbelh~ll aA':6 sleigh hi:l Wduld ngt:effect the~City insurance. ~ngineer Ste~e Smart said he talked to a safety specialist that could help with any safety 155 GENERAL DISCUSSION - #4 - (cont.) problems. The safety specialist will attend staff meeting to discuss a broad range safety program for the city. At 9:06 p.m.; Councilman Fullmer moved, Councilman England seconded, with full council approval to adjourn the meeting. Ron C. Conlin, City Clerk TO: Mayor and Council The Uniform Building Code exempts from construction permits among~o~her things: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and simular uses, provided the projected roof area does not exceed 120 square feet-.~ 2. Fences not over 6 feet high 3. Retaining wails not over 4 feet in height from the bottom of the footing to the top of the wall. 4. Platforms, walks and driveways not more than 30 inches above grade and not over any basement and story below. The foregoing structures, in my opinion, would be exempt from the U.B.C. side or rear yard requirements as they are not cvontrolled by the U.B.C. I believe to exempt these same structures in the Chubbuck City Land Use Ordinance would be reasonable and proper. The ordinance as now stated would not allow a dog house or other simular structure in the 5 foot side yard or rear yard set backs. ! doubt this was the intent of the Mayor and Council when the ordinance was originally made law. I do have some reservations, however: 1. We would need to be sure structures SUCh as the 120 square foot shed would not be set up in series. To do so would violate the intent of the building code and create a fire hazard the neighbor or city should not have to face. 2. We should make sure such sheds would not encroach on their neighbors' such as the drainage of the roof on to the neighbor's property. 3~ ~he~~ ~h6~i~a~S6-b~ a house keepi-ng requirement ~su~h a~ not p~ftfn~ articles on the roof that are unsightly to or may be blown onto their neighbors property. 4. Openings should not be allowed on sides which are closer than five feet to the property line. 5. We should also not allow such structures to be placed which would deprive a neighbor of the use of his own land, such as a shed being placed which would not allow a fence to be placed on the joint property line. There are also reguirements in the "Uniform Building Code" which would allow most structures of a residental or garage nature to go to within three feet of the property line. Such placement would not require any extra precautions for fire safety. However, such placement with overhangs would allow major structures to be within four feet of each other. Those kind of placements could easily add to the chances of conflagrations. In some areas of this country, land is very expensive and, as a result, structures are placed side by side with fire walls put in place to keep fire from spreading. Chubbuck has requirements for lot sizes which allow our residents to build their needed home and auxiliary structures and still allow for a little breathing room. I realize the codes would allow major structures to be placed closer together. I do not think we sould allow the shorter set backs on structures requiring building permits. I would in conclusion, suggest our land use ordinance be adjusted to reflect the changes as recommended in this report. Respectfully Submitted Cary Campbell