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HomeMy WebLinkAbout006 01 78PLANNING AND ZONING COMMISSION MINUTES June 1, 1978 Minutes of the regular meeting of the Planning and Zoning Commission held in the city municipal building, June 1, 1978. Meeting called to order by Chairman Dee Stalder at 8:00 p.m. Present: Chairman Stalder, Commission Members: Dwain Kinghorn, Dell Peters, Janet Williams and Becky Hopkins and City Engineer Steven Smart. Commission Members Mike Metcalfe and Clifford Payne were excused. Chairman Stalder said a letter of resignation had been received from Jim Chatterton. Minutes of meeting held May 4, 1978 were read by the secretary. Chairman Stalder asked for any corrections or additions. Dwain Kinghorn asked for the minutes on the Briscoe Subdivision, after the words "proposed lots" to add "on North side of Vern Road". Dell Peters made motion to accept the minutes as corrected. Janet Williams seconded the motion. All voted in favor. PUBLIC HEARING ITEM: DAVID L. DAVIS, 5027 Rose Street, has ~e application for a conditional use permit to convert a duplex at 5017 - 5027 Rose Street into a four-plex. The property is located in an area zoned Combined Residentail (R-2). Chairman Stalder read the letter of request from Mr. Davis. Mr. Davis said they would like to purchase the duplex and convert it into a four-Plex in order to make it more financially acceptable. He said they would like to add some features that would make the apartments more comfortable to the tenants. Dell Peters asked Mr. Davis if he had seen recommendations on the plot plan of the Building Inspector. Chairman Stalder read a letter from Connie Mc Kay, 5047 Rose Street, in which she stronly objected to converting the duplex into a four-plex. She said the traffic was already bad; and that she had purchased her home on Rose Street because it was a quiet street to raise her family. Chairman Stalder had a petition from people in the neighborhood protesting'~the 4-plex. Dwain Kinghorn said he was concerned about the parking; a 20' set back is required and that parking would not be allowed in front. Dell Peters said he felt the petition from the people in the neighborhood should be honored. Janet Williams agreed. Janet Williams made motion to disallow the conditional use permit, requested by David L. Davis, to convert a duplex into a four-plex at 5017-5027 Rose street. Becky Hopkins seconded the motion. Williams, yes; Peters, yes; Hopkins, yes; Kinghorn, yes and Stalder, yes. PUCLIC HEARING ITEM: LEE HITCHOCK, requesting a variance for construction of a single-family residence on property located on south side of Evans Lane which lies within an area zoned General Commercial (C-3). Chairman Stalder read letter of request from Lee Hitchcock. Mrs. Mae Hitchock said her son would like to build home on South side of Evans Lane on property they own. She said the house would be built so it could be moved in case property would be sold for commercial uses. She said they had complied with the subdivision ordinance. LEE HITCHCOCK Dwain Kinghorn said property is in a commercial area; that single family residence should not be allowed in this zone. He said Hitchcock situation is unique - as two children already have built homes on south side of Evans Lane. He said the property had been purchased by the Hitchcock family for residentail use. Chairman Stalder asked if Evans Lane at Yellowstone had been resolved. Mrs. Hitchcock said it had not; that it appeared the corner would have to wait until the Yellowstone project was started. Dwain Kinghorn made motion to grant the variance request of Lee Hitchcock to construct a single family residence on south side of Evans Lane, which lies in area zoned General Commercial (C-3). Dell Peters seconded the motion. Williams, yes; Hopkins, yes; Peters, yes; Kinghorn, yes and Stalder, yes. PUBLIC HEARING ITEM: A. H. SICKINGER, 203 Isaac Street, requesting a variance to fence his back yard with an 8 foot fence. Property is presently zoned Combined-Residential (R-2). Chairman Stalder read letter of request from Mr. Sickinger. Mr. Sickinger said that because of the size of the back yard lots a 6' fence does not offer the privacy they would like to have. He said noise level is high with small children and that he works shift work; and he is hoping to preserve some of the quiet. Mr. R. E. Vanderwood, 208 Abraham, said he would object to an 8' fence. He said there is a 5' cedar fence already on his property. He said the area is zoned residential with a lot of young families. Mrs. Clair Vanderwood, 208 Abraham, said she would object to 8' fence. She said it would be like a fortress. She said the fence would not cut down on the noise. She said trees would be a m~ch better noise suppressant. Mrs. Ar Jean Myers, 196 Abraham, said when Mr. Sickinger had purchased his home he should have been aware of the neighborhood. She did not feel the fence would eliminate the noise. She asked who would maintain the fence. Mr. Sickinger said he would maintain the fence and that he did intend on putting in trees. He said the fences in the neighborhood are piece meal arrangements. He said that you can create a more attractive yard with a wooden fence. He said his home was on a higher piece of ground than the surrounding homes. He said he would like to cut down on the traffic of children through his yard. Dwain Kinghorn asked Mr. Sickinger if he could not accomplish this with a 6' fence. Mrs. Myers said they would not object to a 6' fence. Dwain Kinghorn said that an 8' foot fence is out of proportion; he said he had checked the neighborhood and most were apparently fences under 5' Mr. Kinghorn said he doubted an 8' fence would do all that Mr. Sickinger was hoping for. A. H. SICKINGER Mr. T. L. Rodph, 219 Isaac, asked why there had to be any regulations on height of fences. Dwain Kinghorn made the motion to deny request of A. H. Sickinger for a variance to fence his back yard with an 8' fence. Janet Williams seconded the motion. Peters, yes; Kinghorn, yes; Hopkins, yes; Williams, yes and Stalder, yes. PUBLIC HEARING ITEM: DOUGLAS W. PARKER, 193 Isaac Street, requesting a variance to fence his back yard with an 8 foot fence. Property is presently zoned Combined-Residential (R-2). Chairman Stalder read letter of request. Mr. Parker was not in attendance. Commission members stated same problems existed with Mr. Parkers request as with Mr. Sickingers. Dell Peters made the motion to deny request of Douglas W. Parker for a variance to fence his back yard with an 8' fence. Janet Williams seconded the motion. Kinghorn, yes; Hopkins, yes; Williams, yes; Peters, yes and Stalder, yes. PUBLIC HEARING ITEM: SHERLYN ANN SIMMS, variance to use a mobil home which is presently on lot and also set up another single wide trailer as additional living space at 4538 Burley Drive. A discussion followed on the present variance. Commission members said more information would be needed in order to grant variance. Ms Simms was not present. Dell Peters made motion to table request of Sherlyn Ann Simms for further information. Janet Williams seconded the motion. All voted in favor. OTHER BUSINESS: DEAN MORGAN, variance granted on May 4, 1978. Chairman Stalder read letter from Attorney Don Burnett in which he stated the Planning and Zoning Commission had been in error in granting a variance to Mr. Morgan, to raise pigs, as it was not a zoning matter. Dwain Kinghorn said Attorney Burnett's council was that the Commission recind the motion. A discussion followed on the rights of citizens in the City. In the absence of Mike Metcalfe, Dell Peters made a motion to recind the granting of a variance to Dean Morgan, granted on May 4, 1978, to keep pigs on his property at 426 E. Chubbuck Road. Becky Hopkins seconded the motion. Kinghorn, yes; Peters, yes; Williams, yes; Hopkins, yes and Stalder, yes. Dwain Kinghorn said that Mr. Morgan should be reimbursed the ten dollar filing fee as he had been mis-informed. MOUNTAIN PARK SUBDIVISION: Engineer Steven Smart presented the final plat of the Mountain. Park Subidivision. He said the plat lacked detail with several errors. He said the construction drawings had not been brought into him for his inspection. John Alder said he would bring the drawings in for his inspection in time for the City Council meeting. The Planning and Zoning Commission have held a public hearing on this matter. MOUNT~!N. PARK SUBDIVISION The City COuncil has directed the city attorney to prepare zoning ordinance. Dell Peters moved to recommend the final plat of Mountain~ Park Subdivision, for approval to the City Council, subject to recommendations of the city engineer. Janet Williams seconded the motion. Voting was unanimous. BURNSIDE TRACTS- final plat was presented by Engineer Smart. He said Motel 6 had sent their-plans for the Building Inspector to review; that they were desirous of picking up their building permit. He said they would probably want to pick up the permit before the final plat was ready. Becky Hopkins made a motion to recommend to the City Council for approval of the final plat of the Burnside Tract Subdivision. Janet Williams seconded the motion. All voted in favor. K SUBDIVISION - preliminary plat was presented by Klane Forsgren. Dwain Kinghorn asked about the irrigating water. Mr. Forsgren said it would be retained for the lots. Engineer Smart said water and sewer stub-in should be provided for.on~Whitaker Road. A discussion followed on the future widening of Whitaker Road. Dell Peters made motion to recommend to the City Council,for approval, the preliminary plat of the K Subdivision. Dwain Kinghorn seconded the motion. All voted in favor. Chairman Stalder told those present, that variance request had been denied, they had the right to appeal the decision within five days to the City Council. Dell Peters made motion to adjourn at 10:00 p.m. Becky Hopkins seconded the motion. All voted in favor. Db~othy L. W~d, Secretary