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HomeMy WebLinkAbout005 02 02LAND USE AND DEVELOPMENT COMMISSION May 2, 2002 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building May 2, 2002. Present: Chairman Pete Anderson; Commission Members: Jason Mendenhall, Mary Harker, Gayle Anderson, Dusty Whited, Nolan Briscoe, Don Moore, Ray Rosen; Attorney: Tom Holmes; City Staff: Larry Kohntopp, Sean Harris and Steve Smart; Secretary Myrna Crapo. Chairman Anderson called the meeting to order at 8:00 P.M. Chairman Anderson asked for approval of the April 11, 2002 minutes. Don Moore moved to accept the minutes as mailed with Gayle Anderson seconded the motion. All voted in favor. Chairman Anderson asked if any commission member had a conflict of interest. There were none. PUBLIC HEARING: 1. An application by Michael Garvin, 619 W. Chubbuck Road, for a conditional use permit to install a manufactured home on the back portion of the lot at 619 W. Chubbuck Road, for temporary dwelling of a family member. Property is presently zoned Limited Residential (R-2). Chairman Anderson asked for additional comments from city staff. There was none. Michael Garvin, 619 W. Chubbuck Road, they want a temporary dwelling at the back portion of their lot for his mother. She is 90 years old and wants to be independent. It is a temporary for her life time. He has a letter from the dealer stating that after her death within a reasonable time they would move the home from the property back to their sales lot to sale it. The commission asked 1. The type of foundation would be permanent. There would not be an above ground footings; a concrete slab would rest on the footings. 2. A drive way would be put in the west side of the property line. It would stay there after she died and would be cement. Chairman Anderson read the petition that was received by the commission, it had 19 signatures and was against the manufactured home. Chairman Anderson asked that it be entered into the record. The meeting was opened for public comment for or against. Wilbur Chitwood, 639 West Chubbuck Road, he circulated the petition. Everyone that lives within 300 feet signed it except three (Two of whom were not home). It would lower their property value. It is against the protective covenants that they have. Once it is put on a foundation, it's never going to leave there. Land Use and Development May 2, 2002 Page 2 Bonnie Thiros, 588 Victor, she is against the home being moved in there. She has a 20' easement and since they started working on the easement their trucks have ruined her easement. She would like the easement fixed when they are done. They cannot use her easement to move it in. Harold Lowe, 730 Swisher Road, he is state plumbing inspector. There is nothing in the Uniform Plumbing code, etc. that would prohibit this going in. Ralph Eldredge, 658 W. Chubbuck Road, would this type of foundation work without the uprising footings. What assurance would he have that it would be moved. Alan Romriell, 612 Vern, this land could be divided once. They don't want to keep a permanent dwelling there. He thinks this is a good idea. He doesn't see a conflict or problem. Wilbur Chitwood, 639 W. Chubbuck Road, Teeples subdivided their lot on Teton Street. Debby Garvin, 619 W. Chubbuck Road, her mother-in-law asked them to put a home on the back of their property (she wants to preserve her independence). She would like to take care of her mother-in-law. Jennifer McMaster, 1856 Syringa this is her grandmother. Her grandmother wants her independence and to be able to have her sister and brother-in-law come visit each summer. thinks this would be a very good thing for her grandmother. She Bobby Garvin, 729 Cypress, He is Michael Garvins son and feels like a temporary dwelling would not lower the value of the neighbors homes. It won't affect the neighborhood at all. Since it is temporary it could be taken out when she dies. He thinks it is a positive thing. Chairman Anderson closed the public hearing. Michael Garvin, 619 W. Chubbuck Road, they would sign a proposal assuring the city that within a reasonable time period after her death the temporary dwelling would be moved. He has a letter from the people they are buying it from saying that they will move it when she dies. A reasonable time being within a six month time. It will not devalue the property. The commission discussed: 1. Had they looked at any other alternatives. They have looked at other opportunities. 2. Being close to family for their help with any problems. 3. It would be a manufactured home, a double wide. It hasn't been built yet. 4. The easement is OK. 5. If they divided the lot they would have a flag lot. 6. The sewer being temporary. 7. What would happen to the foundation if the modular home was moved. 8. They could divide into two lots if they wanted 9. Having an annual review Land Use and Development May 2, 2002 Page 3 Gayle Anderson moved to approve the application by Michael Garvin, 619 W. Chubbuck Road, with the following conditions: 1. as the home is being moved in it will stay on their property, 2. an annual review each year, 3. when she passes away it will be removed within 6 months of her death, 4. Temporary sewer hook, 5. the foundation will be removed at that time. Mary Harker seconded. Roll call vote: Don Moore, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes. Chairman Anderson informed the people present that they could appeal this motion within 25 days. 2. An application by Heritage Development, Box 2684, Pocatello, Idaho for a change of Land Use District to Limited Residential, (R-2), together with its requested annexation. Property is located west of Pocano Street. Chairman Anderson asked for any additional comments from city staff. There were none. Mike Bird, 756 Ash, Pocatello, has asked several people for ideas on what to do with this portion of Victorian Village. They would pipe the ditch, put in a concrete fence. They intend to install a curb, gutter and sidewalk or whatever is required. It should be in by next fall. It would be difficult to maintain a swale. A curb, gutter and sidewalk would fit in better. He would like to have it R-1 instead of R-2. The commission discussed: 1. They would rather see the whole thing as R-1 2. The plan for the swale along Whitaker Road, and maintaining it. 3. Make the recommendation to City Council to go R-1 instead of R-2 The meeting was opened for public testimony Glenda Funk, 441 Chesapeake, She doesn't want R-2 but would like to see it R-1. She doesn't want the swale along Whitaker Road. Jim Harrell, 443 Roanoke, he wants it R-1. He doesn't like swales, as he has one in front of his home. Greg Daniels, 472 Chesapeake, he wants it to be R-1. The swale in front of his property is a mote, it has standing water during the winter. Kris Long, 451 Chesapeake, he closed on his house yesterday and wants it to be R-1. Becky Harrell, 443 Roanoke, she would like to have it R-1. She doesn't like swales for the kids to walk on going to school. Land Use and Development May 2, 2002 Page 4 Ken Funk, 441 Chesapeake, he is in favor of R-1 only. He likes the sidewalk proposal. He would like to see a pedestrian or bike path in the buffer zone to make it seem like a green belt. Kurk Gibson, 5480 Shenandoah, they back onto Whitaker. He doesn't like swales, as several time a year Whitaker becomes a parking lot during school functions. He prefers R-1. Ron Taylor, 5491 Shenandoah, he wants to have it R-1. The swales causes problems, no body knows where the road is in the winter and they run over the sprinklers. The public hearing was closed and brought back to the commission. Mary Harker moved to recommend to the city council that the application of Heritage Development, Box 2684, Pocatello for R-2 zoning be denied and that R-1 be the zoning for Victorian Village 2nd addition; and that it is annexed into the city. Seconded by Ray Rosen. Don Moore, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes. 3. An application by Heritage Development, Box 2684, Pocatello, Idaho, 83206 for a Preliminary Plat for Victorian Village 2nd Addition. Property is located west of Pocano Street. Mike Bird withdrew this item from the agenda. 4. An application by Bob Elzner, 223 E. Chubbuck Road, Chubbuck, Idaho for a designated geographic area, for 675, 665, 655, 645 Alpine. Property is presently zoned Limited Residential (R-2). Chairman Anderson asked for any additional staff report, There was none. Bob Elzner, 207 E. Chubbuck Road, the lots are along I-15 and sit then since the development started. It would serve as a buffer along the interstate. The square footage will exceed the minimum requirement of the restrictive covenants. Each home will be individual. There is a 20' easement behind the lots. Some of the lots are small, it would be better for the neighborhood than small homes. His personal home will be built on lot 6 and adjoin lot 4. The commission discussed with Mr. Elzner: 1. Lot 3 not having enough room to meet setbacks requirements. The house would be shrunken down and made deeper to fit the lot. 2. He will sale the twin homes rather than rent them. 3. Twin Homes have never deflated the value of neighborhood homes. 4. Each home would be completely different in the outside appearance. Land Use and Development May 2, 2002 Page 5 The meeting was opened for public comments. Greg Burch, 649 Redman, they bought their lot 2 years ago. A lot of twin homes turned into rentals. They were concerned with buying in an area that would have twin homes. The builders when they bought told them that it would not have twin homes. He would like to see the park for the subdivision. He doesn't want this in the area. Gary Bishop, 4435 Deer, they moved in a month ago and search the area before buying a home, they really like the neighborhood. He is 4 lots away and he doesn't want to see them go in. He wants a smaller designated geographic area so fewer homes would go in. He would like to see a park put in. Ray Nestor, 605 Alpine, there is a traffic problem now. There is one legal way out of there now. There is no way to get two vehicle around the corner. It would increase the traffic. He is not in favor of this. Craig Perkins, 606 Alpine, he is concerned with the traffic problem, adding more traffic to Alpine. Most people access off of Alpine and it creates a problem. Darris Ellis, 13560 N. Hawthorne Road, he wants to know the ordinance that deals with twin homes, and if they can be clustered. The commission discussed: 1. They can be allowed in an R-2 or R-3 zone. 2. Clustering requires an conditional use permit. Denise Perkins, 606 Alpine, she thinks she will have a problem selling her home with these twin homes. They buy and sell homes. She doesn't like the problem with the traffic. Doris Nestor, 605 Alpine, they will be two doors down from her home, the traffic is really terrible. She doesn't want the additional traffic. Dale Arnold, 5019 Rebecca Drive, he builds twin homes. Twin homes can look nice in appearance. He looked at buying these lots. The lots are suited better for twin homes. He does audits and Twin Homes do not devalue property when they are next to single family homes. The covenants makes an allowance for twin homes. The twin homes won't have any impact on the area, the additional homes that will be built in the subdivision that will be put in behind will cause a lot more traffic flow problem. Gary Bishop, 4435 Deer, traffic problems will not be resolved by stop signs on Beech. They don't want them there. Chairman Anderson, closed the public hearing and brought it back to the commission. Land Use and Development Commission May 2, 2002 Page 6 The commission discussed: 1. Previous boundaries of geographic areas being determined by physical, natural barriers or subdivision. 2. Asked Tom Holmes if we could have the public hearing for both of them. He informed the commission yes; that they needed to do it twice. 3. On street parking will be eliminated along Alpine in the future. 4. Covering the canal or doing a crossing into the new development 5. Park coming in with Becker's Subdivision. 6.61 houses in the subdivision east of the canal. Using natural boundaries or boundaries of the subdivision. No natural boundaries in the area that would work. Ray Rosen moved to grant the geographic area north of the interstate, ease of O'Leary canal, south of Redmond Canal, and of the west of the subdivision east boundary. Don Moore seconded. Roll call vote: Don Moore yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes. 5. An application by Bob Elzner, 223 E. Chubbuck Road, Chubbuck, Idaho for a Conditional Use Permit to build twin homes at 675, 665, 655, 645 Alpine (8 living units). Property is presently zoned Limited Residential (R-2). Bob Elznier, 207 E. Chubbuck Road, these are the last four remaining lots. The design would differentiate each one. The public hearing was opened for public comment. Chairman Anderson informed the residents that the public comment given for the geographic area would apply to the clustering. Doris Nestor, 605 Alpine, traffic is an issue. The value of the home is an issue. Gary Bishop, 4435 Deer, the special use would allow him to cluster. It would allow 6 structures. The public hearing was closed and brought back to the commission. The commission discussed: 1. Being zoned R-2 area. One twin homes would be ok. 2. It will lower the value of the home. Some people would not buy a home next to the cluster. 3. The easement being a restriction on the lot. 4. Building a home, and then having a builder do a cluster arrangement of twin homes not being fair to the residents in the area. 5. The interstate behind these lots having a effect on them. Land Use and Development Commission May 2, 2002 Page 7 Dusty Whited moved to approved the conditional use permit by Bob Elzner, 223 E. Chubbuck to allow for the clustering of twin homes on lots, 1, 2, 3, & 4 of Kasiska subdivision with the requirement that the exteriors be subject to design review and to not appear all the same but have totally different look. Seconded by Don Moore. Roll call vote: Don Moore, yes; Ray Rosen, no; Jason Mendenhall, no; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, no. Chairman Anderson, informed the residents they can appeal the decision to the city council within 25 days. 6. An application by Heath Fullmer, 2628 Birdie Thompson, Pocatello, Idaho for a Conditional use permit to conditionally permit a duplex at 4843 Valenty. Property is presently zoned General Commercial (C-2). 7. An application by Heath Fullmer, 2628 Birdie Thompson, Pocatello, Idaho for a Conditional use permit to conditionally permit a single family dwelling above a commercial shop building, the shop building to be new construction, at 4843 Valenty. Property is presently zoned General Commercial (C-2). Dusty Whited moved to table the applications by Heather Fullmer, 2628 Birdie for items 6 and 7. Mary Harker seconded. Roll call vote: Don Moore, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes. 8. An application by Dennis Anderson, Dean Funk, P.O. Box 2968, Pocatello, Idaho for a change of Land Use District to Limited Commercial, (C-1) together with its requested annexation. Property is located on the SW corner of Siphon and Whitaker Road, north of Victorian Village. Dean Funk, 1749 South Fairway, they want to be annexed into the city of Chubbuck and have it zoned C-1. Mr. Anderson situation has changed and he is not buying the property. Mr. Funk still wants to go through with it. The meeting was opened up to public testimony. Robert Raschke, 440 Pokano, He grew up in the area and would like to see it left a residential area. The public hearing was closed and brought back to the commission. Land Use and Development Commission May 2, 2002 Page 8 Mary Harker moved that they recommend to the city council approval of the application by Dean Funk and formerly Dennis Anderson to annex this property at SW corner of Siphon and Whitaker Road, north of Victorian Village and have it zoned C-1 limited commercial. Seconded by Dusty Whited. Roll call vote: Don Moore, yes; Ray Rosen, yes; Jason Mendenhall, yes; Mary Harker, yes; Nolan Briscoe, yes; Dusty Whited, yes; Gayle Anderson, yes; Pete Anderson, yes. GENERAL BUSINESS 1. Discussion on proposed ordinance amending section 18.12.031A to provide for the use of shipping containers, including those used on ocean-going vessels and railcars to be used as accessory structures. 2. Comprehensive plan proposed map Dusty Whited moved to table the general business items. Ray Rosen seconded; all voted in favor. Ray Rosen moved to adjourn with Dusty Whited meeting adjourned at 11:05 p.m. Myrna po, Secretary All voted in favor;