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HomeMy WebLinkAbout1978-05-19city council minutesBook 19 Page 143 SPECIAL MEETING May 19, 1978 4:00 P.M. The Meeting was called to order by Mayor Pasley. The Roll of the City Council was -called `with `'the following members present: McCluskey, Williams, Raymond, Hopper, and Bauman. Absent: Olesen. (PUBLIC HEARING - APPEAL FOR SPECIAL USE PERMIT DUPLEX AT SYLVAN MANOR) The Mayor stated that this was the time set for a Public Hearing on an appeal for a Special Use Permit to construct a duplex on Lot 15, Block 3 of Sylvan Manor Subdivision. The notice was published April 29th and May 6th in the News Tribune as follows: On Friday, the 19th day of May, 1978, at 4:00 P.M in the City Council Chambers, City of Caldwell, Idaho, hearing will be held by the City Council of the City of Caldwell on an appeal for a special use permit to construct a duplex on Lot 15, Block 3 of Sylvan Manor Subdivision. At this time any parties in interest or citizens shall have an opportunity to be heard and present their objections, if any, to the granting of the special use permit. Dated this 26th day of April, 1978. The Mayor then read the following portion of the Planning and Zoning Commission's minutes of their meeting held on April 20th. Held next was the public hearing for a special use permit requested by Dean Smith to construct a duplex on Lot 15, Block 3 of Sylvan Manor. The Chair recognized Dave Gibson, 412 Walnut Place, who stated he lives on Lot 17, Block 3, on the same cul -de -sac and protests the granting of the permit for a duplex. He also asked that letters of protest from Robert and Gayla Tyson (Lot 21, Block 3) and William and Cynthia Zechmann (Lot 18,'B1ock 3) be entered into the minutes. Hearing no further objections, Tolley closed the Public Hearing. Bob Carpenter moved that the request for the Special Use Permit be denied. Motion was seconded by Bud Kehne and passed. The Mayor then declared the Public'Hearing. open and asked if there was anyone who would care to testify regarding this appeal. The Mayor recognized Dave Gibson who stated that he had testified at the Planning and Zoning Commission against this request and he would like to go on record as objecting again at this appeal. He presented a petition signed by-five residents living within 300 feet of this property. He felt that this decision would have a'great deal of bearing on the future of Sylvan Manor. He was requesting that the City Council uphold the decision made by the Planning and Zoning Commission. Jerry Weston was recognized and said that he'was there representing Mr. Smith in favor of this request for a duplex. Mr. Weston pointed out that the restrictive covenants on the Sylvan Manor Subdivision provides for duplexes and one was granted by the Planning`and'Zaning Commission to Gene Graves. He stated that it ryas his'understanding that'the Planning and Zoning'Commission should endeavor to see if the application for special use does violence to the standards set by - the City Council and the ordinances or mightbe a detriment or hazard to the neighborhood. It was their position that they did not. This particular duplex Book 19" Page' 144 was designed to be compatible ,with, the houses in the subdivision: He submitted that this particular duplex on this particular lot would not in any way be contrary to the R -1 zoning. The other objection that Mr. Smith voiced was that there was no real reason given as to why he couldn't have a duplex there particularly when one was granted to,Mr. Graves in the.same meeting.., He.submitted that the application should be well taken. Bob Tyson was recognized and said that he was planning to build a single-dwelling unit in this area-within the 300 feet did not care to have a duplex built in this area. Councilman McCluskey.was; recognized and said that he would like for Mr. Lewis, City Engineer, to explain why the request was awarded to Mr. Graves and not,to Mr-Smith- Mr, Lewis explained that the request for the duplex was granted on the corner lot..of Walnut-and Kimball. The Planning and Zoning Commission ,:determined that the lots along Kimball would more lend themselves to multiple dwellings because of the arterial status of Kimball.. Also, because it was a,corner,,lot and before the Zoning Ordinance was passed there was two duplexes already in that block. Councilman:.McCluskey didn't want anyone to,feel.that the Commission was showing favoritism in any way. Harvey Blaine was recognized and said that he lived on the corner of Airport and Linden within the 300 feet and stated that he would be in.,object,ion to the .duplex•being, built there Sharon Frisby, Dean Smith's.Secretary,,'was recognized and said that these people did, have a copy of -the covenant and it states that duplexes,,can be allowed and she did not that this decision was fair. Ron Smith was recognized and said that he bought-several lots in Sylvan Manor Subdivision- He hadl talked with,Mr.. Graves before development- started and Mr. Graves said that-there-would be a few duplexes .a,llowe.d.7.Mr. Smith said that_ he•would - -not care to have duplexes in..that area. The Mayor then declared the Public Hearing,closed.. MOVED by McCluskey, SECONDED by Bauman that the,City Council sustain.,the Planning and ,Zoning Commission in their determination to.not allow a special permit for this, duplex. Councilman Raymond said that he would like to make a statement. He felt it was a, difficult decision for.him to arrive at. He ,tried•to. respect an owner's right to do what they wish.to do with their property, and he also favored duplexes and was one that stressed when the plan was developed that duplexes be allowed in R -1 zone by special permit. He:d'id believe that the special permit process was intended to allow neighbors to voice what they wanted their neighborhood to be. He felt that with this many neighbors objecting to, having a,duplex in that area that this would have to be the:way it would ga. Roll call. vote., Those voting yes: - McCluskey, Williams, Raymond, Hopper, and Bauman- voting no: ,none. Absent and not voting: Olesen., MOTION CARRIED Book 19 Page 145 (PUBLIC HEARING - REZONING OF PROPERTY - LOTS 21 -24 BLOCK 31 OF THE ORIGINAL TOWNSITE) The next was`a Public Hearing on an appeal for ea rezoning. The notice of the Public Hearing was published in the News Tribune on April.29 and May 6. It was as follows: On Friday, the .19th day of May, 1978, at 4:00 P.M. in the City Council Chambers, Caldwell, Idaho hearing will be held by the Caldwell City Council on an appeal for the rezoning of the following described property from R -3T Residential to C -3T Commercial: Lots 21 -24 Block 31 of the Original townsite, as shown on the official map of Caldwell, Idaho'; on file and of record in the office of the Recorder of Canyon County, Idaho. At this time any parties in interest or citizens shall have an opportunity to be heard and present their objections, if any. r Dated this 26th day of April, 1978. The Mayor explained that this'was on`the corner of Eleventh and Chicago., was the.property known as Bob's Grocery and the house' adjacent to it. The Public Hearing was declared "open on the appeal from the decision -of the' Planning'and Zoning Board not to grant this request. There was four lots involved. Ed: Bonaminio was recognized by the Mayor and said he was representing his, group on the appeal. He pointed out- that sometimes progress and change were hard to take. They were looking at it in a realistic viewpoint as they knew there would be an interchange and tha.t Chicago Street- .would become one of the main thoroughfares across City. - They felt that in due time the change would come and they were looking at it from a standpoint . to enhance the change and the property now. His:.gr.oup owned the ,parcels that were in question and he stated that the,home_had . been an eye sore for many years and the residents of the area.had expressed some thanks for attempting to clean the lots up.. The group was doing this in lieu of a prospective buyer coming in and putting some type of business in there. Several people were interested at the present time. He felt that they had a good and honest .claim to appeal the R -3T zoning. Walley Paddock was recognized and stated that he had owned property within the 300 feet since 1947. It has been a, strictly Residential area and he felt it should not be turned into Commercial completely. He felt taking four lots out of a block and making them Commercial was difficult to understand. He stated that he felt a Special Permit, if the right business were to go in there, was the answer, but not to zone it Commercial. Councilwoman Bauman agreed with Mr. Paddock in that the spot zoning was a mistake. She could support the request for a special permit, but would not vote for a change in the zoning. She felt that the City was getting the cart before the horse as the changes were not for certain. Councilman McCluskey stated that sometimes you have to take a piece of property and try to analyze how the use will be in the future. He felt that this,piece of property in question was at the present time an eye sore and he felt that Chicago was going to become Commercial. -Book: 1 rage, _.L4o Councilman Raymond said that he considered.the key. issue to be that the building was vacant and it stfoul:d -be utilized. Mr. Bonaminio said that the people tivho•vant to buy. -this. building do not want .a special permit; they prefer the rezoning and will not buy the property unless it was zoned 'Commercial. Much discussion followed regarding this request. The Mayor then declared the Pubhic,Hearing closed and asked. the City Council to make> their decision as 't'o- whether the' ruling by! the Planning and Zoning;.Commission';should be upheld or not. It was found through the discussion that a typographical error Baas ,made:.in the Public Hearing Notice. It- should read C -2T instead of R- 3T.: -It was agreed that since everyone involved was present and,understood' this it would make no difference. The Planning and Zoning Coimnission acted on it with the correct zoning,; .0 -2T.. MOVED by Bauman, SECONDED by Williams that the City Council sustain the recommendation of the Planning and Zoning Commission and Deny this request Councilman Raymond asked how long it would take for them to apply for a special permit. It,was.explained- that all of the .public. hearings wbuld''.ha"w- to be held'which.when all was accomplished would take about.six weeks.. Roll call vote. Those voting yes: Bauman and Williams. Those voting nb: McCluskey, Raymond - - -and Hopper. Absent and-not voting: Olesen.' MOTION CARRIED Councilwoman Bauman pointed out that it takes four votes to over turn a'ruling made by the Planning and,Zoning Commission. In' other words it takes "a 2h, vote of the Council., Council- woman stated that she would like to suggest that the City Council ask the Planning and Zoning Commission if they would get together with'the,City Council and review the zoning in that area. If it was determined that the plan would be to zone this area Commercial, she 'would 'l�e willing to follow the plan, but so far this planning has not come about. Councilman Hopper said that' Planning and Zoning people addressed this issue the night before'and recognized that there was some bad spots in the City that did need attention. They formed a committee - to study this within the next thirty days: The Chairman was John Pilote' and a list of the other members could be obtained from City Engineer's Office, More discussion then followed the motion as ' passed. It was asked if there was something in the Code that would allow for the absence'of one of the councilmen. This was because the group requesting the appeal had a time problem to contend with and one councilman would be gone for perhaps several.months. The Mayor informed the group requesting the appeal that perhaps the Committee formed by the Planning and Zoning Commission would come up with some suggestions and answers that would help their situation. He suggested.that they get.in touch with the members of this Committee. MOVED by McCluskey, SECONDED by Raymond that the issue be given. reconsideration. Roll call vote. 'Those voting yes: McCluskey, Raymond, and Book 19 Page 147 Hopper. Those voting no. Williams and Bauman. Absent and not voting: Olesen. MOTION CARRIED MOVED by McCluskey, SECONDED by Hopper that the Planning and Zoning Commission decision be denied and that the appeal be granted. Councilman McCluskey reworded his motion as follows as the Council felt it was not clear enough: MOVED by McCluskey, SECONDED by Hopper that the City Council grant the request for zoning to C -2T Commercial for four lots. Roll call vote. Those voting yes: McCluskey, Raymond, and Hopper. Those voting no: Bauman and Williams. Absent and not voting: Olesen. MOTION DENIED (REQUEST FROM THE STADIUM BOARD) The Mayor stated that at the Stadium Board Meeting at noon they developed a list of priorities to present to the City Council at the .Tune 6th Regular City Council Meeting. They would like to get the City Council's approval of the following statement: The Stadium Advisory Board and the Caldwell City Council encourages the Vallivue'School District and any other outlying school districts to avail themselves of the use of the outstanding facilities of.the Canyon Multi Purpose Stadium. Because the College of Idaho has dropped football, there was a great availability of the Stadium for potential users. The Stadium Board approved this and they would now like the approval of the City Council to publish this statement. MOVED by Raymond, SECONDED by McCluskey that every effort be made to expand the usage of the Stadium through other school activities. Councilman Hopper suggested : that a letter of invitation be sent to the other schools to use the facility. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, and Williams. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED (RESOLUTION NO. 33 -78 - AGREEMENT WITH SCHOOL DISTRICT NO. 132) The Mayor explained that at the last City Council Meeting approval was given for the Recreation Director, Vern Morse, to apply for a BOR Grant; fifty percent of the cost for the park and playfield at Wilson School. As part of that grant, they have to have a joint service contract between the School District and the City of Caldwell on maintenance responsibility. The School District and the Recreation Department have agreed on this. The School will take care of all of the facilities used by the youngsters and the City would assume the responsibility of the restrooms and the little section of park. The Resolution was read by title only as follows: Book 19 Page RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND CALDWELL SCHOOL DISTRICT NO„ 132 .The.Mayor again explained that this was not binding, but was necessary for Mr. Morse to apply for the BOR funds. MOVED by Raymond, SECONDED`by Hopper that Resalution'No. 33 -78 be passed. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, and Williams. Those voting no: none. Absent and not voting: Olesen. MOTION CARRIED There being no further business, the meeting was adjourned at 5:15 P.M. APPROVED AS _ writ THIS 6th _ DAY OF'- June '`; 1978. _. Mayor .__. a /r CounFil n' r` Councilman Councilman C ounc i liiian ATTEST: City Cler