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HomeMy WebLinkAbout8-13-1998 P&Z MINUTES . ---,. ,, . � • CALDWELL PLANNING AND ZONING CONIlVIISSION MINUTES OF AUGUST 13,1998 I. Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m. II. Roll Call Members Present: William Roos, Charles Murphy, Janie Archuleta Staff Present: Linda James, Bud Knickerbocker, Marci Perry Legal Counsel: Terry Michaelson III. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Roos polled members for conflicts of interest: there were none. �,� V. Old Business — r A. Approve Minutes of July 23, 1998 — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve as written. Passed: Unanimous voice vote. B. Approve Orders of Decision for the Following Cases: None. C. Approve Recommendations on the Following Cases: Case No. SUB-17F-98 (West Valley Estates No. 4); SUB-26F-98 (Sunridge Subdivision No. 3). Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the recommendations for the referenced cases as written. Passed: Unanimous voice vote. VI. New Business - Hearings A. Case No. SUP-40-98 (IOOI+�, a request by the Independent Order of Oddfellows to construct a building in which to hold meetings and social events. The site of the proposed new building is located on 16th Street, north of the intersection of 16�` and Elgin. Testimony — Bud Knickerbocker presented the staff report, and Exhibit PZ-1000, a copy of an Assessor's map � showing the subject property and surrounding zoning. Harold Bivens, ApplicanY s representa.tive, stated that the local chapter of the IOOF had sold their building and needs a place to build. They will start building when they get their permit. Leo Holmes testified tha.t he was not opposed to the proposed building but he is concerned with the number the number of horses located on the pazcel with the IOOF Home. Linda James, Community Development Director, stated that the she is in contact with the owner of the horses and is working on having the horses removed from this site. � In rebuttal, Harold Bivens stated that the local chapter has nothin� �o do with the horses located on site and will lease the land for the building from the state chapter. • � Public Testimony Closed — Chairman Roos closed the public testimony. Comprehensive Plan Analysis — Moved: Commissioner Murphy. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan policies: Cultural and Social Facilities, policy 1; Urban Storm Runoff, policies 1, and 2. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Mtuphy. Second: Commissioner Archuleta. Approve the general facts as findings of fact and include the fact tha.t no one spoke in opposition of the request. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Murphy. Second: Commissioner Archuleta.. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the heari.ng was conducted within the guidelines of Idaho Codes and City ordinances. Passed: Unanimous roll call vote. � Order of Decision — Motion: Commissioner Murphy. ,Second: Commissioner Archuleta. Approve the request with the standard conditions. Passed: T��nanimous roll call vote. ` Public Hearing Closed — Chairman Roos closed the public hearing and stated that anyone wishing to appeal the decision of the Commission is to contact the Community Development Director. B. Case No. SUP-39-98, a request by Freddie Lane to locate a church and conduct church services withi.n an existing building. The existing structure is more commonly known as the IOOF building and is located at the northwest corner of the intersection of Cleveland Boulevazd and Kimball Avenue. Testimony - Bud Knickerbocker presented the staff report and Exhibit PZ-1000, a copy of an Assessor's map showing the location of the site, and Exhibits PR-1, 2 and 3, which were respective letters approving the use of parking spaces for the church, Pastor Freddie Lane, Applicant, testified that the building has been used by the Church for several weeks because the building in which they had been conducting services has been sold. The Church currently has 15 members and they are anticipating growth. There are approximately 50 off-street parking spaces that aze available. Valorie Hubbartt, Church member, spoke in favor. Public Testimony Closed — Chairman Roos closed public testimony. Comprehensive Plan Analysis — Moved: Commissioner Murphy. Second: Commissioner Archuleta. The request is in compliance with the following Comprehensive Plan policies: Commercial Categories, policies 1 and 4; Cultural and Social Facilities, policy 1; Historic Areas, policies 1, 2, 3, and 4. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the general facts as findings of fact and include the following facts taken from testimony: the Applicant has secured additional off-street pazking spaces; the Church has been located within the City for four years and is not a new endeavor; improvements to both the ' interior and exterior of the building ha.ve been and will be undert�.en. Passed: Unani.mous roll call vote. Conclusions of Law — Motion: Commissioner Murphy. Second: Commissioner Archuleta. The Commission has the authority to heaz this case and to approve or deny; public notice requirements were met; and the heari.ng was conducted withi.n the guideli.nes of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the request with the standard conditions and include the condition that the Church will have to secure additional parking spaces beyond the approximately 50 that aze now available if increased membership exceeds those required by the Zoning Ordinance. Public Hearing Closed — Chairman Roos closed the public hearing and stated that anyone wishing to appeal the decision of the Commission is to contact the Community Development Director. � C. Case No. SUP-41-98, a request by Robert and Nancy Chris to convert a single-family residence into a duplex (two-family dwelli.ng) locat�;d in an R-1 zone. The site is more commonly known as 3116 Ponderosa Place. Testimony - Linda 7ames presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map showing the subject site and surrounding zoning. She also reviewed the background information as noted in the report. Robert Chris, Applicant, testified and noted that his family had resided in the residence since 1991. He stated that he had obtai.ned the building permit for the apartment in good faith and had not been told at that ti.me that the apartment could not be rented. His intent when the addition was constructed was to rent it and he paid additional water/sewer fees for the apartment. He noted that there aze two parking spaces in the garage, four spaces on the pad in front of the gazage, and two spaces along the side yard if needed. Mr. Chris presented the following Exhibits: PZ-1001, a petition of support signed by the property owners residing at 3108, 3124, and 3126 Ponderosa Place; PZ-1002, a copy of the restrictive covenants for the subdivision outlining acceptance of single-family and duplex homes; PZ-1003 through PZ-1010, photographs of the apariment and parking area. Rolf Bitsch, Bill Campbell, and Paul Alldredge testified as opposed. Concerns expressed included pazking in the street, and the apariment would create a nuisance to the neighborhood. Sallie Bradshaw Palleria signed up in support but did not speak. Jim Nelson signed up as neutral but did not speak; Pamela Bitsch, and Juan DeLuna signed up as opposed but did not speak. Public Testimony Closed — Chairman Roos closed public testimony. Comprehensive Plan Analysis — Moved: Commissioner Murphy. Second: Commissioner Archuleta. No policies in the Comprehensive Plan apply to this request, either in support of or in opposition. Passed: Unanimous roll call vote. Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the general facts as findings of fact and include the following facts taken from testimony: at the time the Applicants obtained the building permit for the apartment their intent �i .. I , was to rent and additional water/sewer connection fees were paid; a�arking situation on the street ' does e�ust but the street is a public street and is not restricted to no parking; it is an extraordinary � case and if it ha.d been heazd by the Planning and Zoning Commission in 1994 (when the building • permit was issued) there is no way of laiowing what the decision would have been; the construction of the apartment was done in good faith and was done with City permits. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Murphy. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the request with the standard conditions and include the condition that only one of the dwelling units shall be permitted to be rented and/or leased, and one of the two dwelling units shall be occupied by the owner of the property. Public Hearing Closed - Chairman Roos closed the public hearing and stated that any one wishing to appeal the decision of the Commission is to contact the Community Development � Director for assistance. ` D. To hear concurrently Case Nos. VAR-11-98 and SUP-42-98, a request by Marilyn Jordan for approval of a 10-foot setback from Sunset Street and approval of a 12 foot 3 inches set back from the rear properry line, and approval to convert a single-family residence into a duplex withi.n an R 1 zone. The site is more commonly known as 123 Parkhurst. Testimony — Linda James presented the staff report and Exhibit PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning; and PR-1, a response from Cazoli.ne and Jack Chaney, 114 Woodlawn in which they note they do not oppose the requests. Mrs. James briefly reviewed the report pointing out those sections related to the issuance of the building permit, which specifically disallowed the use of the structure for dwelling purposes. She noted that Attachment A of the report was a statement signed by Mrs. Jordan and the contractor. The statement was to the effect that Mrs. Jordan and the contractor understood that the building was not to be used for dwelling purposes; said statement was signed by both parties on April 15, 1998. The statement also included the word "kitchenette:' When the contractor was told no kitchenette could be included in the building, the contractor lined the word out, initialed the amendment and dated it Apri120, 1998. Marilyn Jordan, applicant, testified that she had relied upon the builder to obtain all the necessary permits and to comply with the requirements of the building department. She stated that she did not know there was a problem until the building was almost completed and she was ready to - move in. When questioned by Commissioner Murphy about the statement she had signed on April 15, 1998, she stated that the contractor had told her he could take care of it and that it wouldn't be a problem. Mrs. Jordan also teskified that the contractor had written the statement for her to sign and that she was not aware that the contractor had lined out the word "kitchenette" after she ha.d signed it. Mrs. Jordan submitted the following Exhibits: PZ-1001, a letter of support from Carol Grassl; PZ-1002, a letter of support from Eric Abbott; PZ-1003, a letter of . support from Jerry Jackson and Carl Christensen; PZ-1004, a petition of support signed by signed by 19 persons living at 14 respective properties in the subject site neighborhood. , _ Harold Briscoe, contractor, signed up at neutral but noted for the record that he was in support of • the requests. He testified that his partner had handled all of the building permit paperwork and • that he was not awaze there was a problem. Commissioner Mtuphy noted that it was appazent someone had tried to circumvent the building permitting process; Mr. Briscoe stated that he didn't know what happened because he wasn't involved in the process. Tony Ford, 410 Parkhurst, testified in favor of the requests. He responded to Commissioner Murphy that he was not a relative of Mrs. Jordan's. Donna and Susan Schumaker, 123 Pazkhurst, signed up in support but did not speak. Public Testimony Closed — Chairman Roos closed public testimony. � Variance Procedure — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Given the e�raordinary circumstances, all five criteria for this particular variance are found to be true. Passed: Unanimous roll call vote. Comprehensive Plan Analysis — Moved: Commissioner Murphy. Second: Commissioner Archuleta. No policies in the Comprehensive Plan apply to this request, either in support of or in opposition. Passed: Unanimous roll call vote. `� - Findings of Fact — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the general facts as findings of fact and include the following facts taken from testimony: the contractor signed the permit application and Mrs. Jordan was not involved in the process; the word "kitchenette," on the statement prepared by the contractor regazding building not to be used as a dwelling, was li.ned out, and initialed/dated by the contractor but was not initialed by Mrs. Jordan; it is a situation that cazries some potential danger to the City. If approved, someone else may hy to come forward and do the same thing; the properry owner was caught in a situation because she wasn't paying close enough attention; the remodel is an improvement to the neighborhood; no one came forward to oppose the requests. Passed: Unanimous roll call vote. Conclusions of Law — Motion: Commissioner Murphy. Second: Commissioner Archuleta. The Commission has the authority to hear this case and to approve or deny; public notice requirements were met; and the hearing was conducted within the guidelines of Idaho Code and City ordinances. Passed: Unanimous roll call vote. Order of Decision — Motion: Commissioner Murphy. Second: Commissioner Archuleta. Approve the request with the standard conditions and include the followi.ng conditions: The two dwelling units (primary house and remodeled structure) shall be attached by a method approved by the Caldwell Building Official that will make the two structures into one, two-family dwelling (two dwelling units in one structure). Plans shall be submitted to the Building Official no later than iwo months following the signing of this Order. Construction shall be completed within 6 months following the signing of this Order, or a 6-month extension request shall be presented to the Community Development Director, who shall approve or deny the request. The secondary (remodeled) structure shall not be occupied until the Building Official has given final approval and a Certificate of Occupancy has been signed, and only one of the dwelli.ng units shall be permitted to be rented and/or leased; one of the two dwelling units shall be occupied by the owner of the properry. Passed: Un_�n�*nous roll call vote. Public Hearing Closed — Chairman Roos closed the public hearing and stated that anyone wishing to appeal the decision of the Commission is to contact the Community Development Director. , VII Discussion on Planning Issues — Linda James informed members that the City Council had . denied the proposed ordinance for manufactured home developments as recommended by Commission members. She also noted that the Council has requested a joint workshop to be held and that the general public will be invited to attend and offer input. VIII Adjournment — Chairman Roos adjourned the meeting at appro�umately 9:15 p.m. MINUTES APPROVED AT A REGULARI,Y SCHEDULED MEETIl�tG HELD AUGUST 27, 1998. ATTEST: Chairman William Roos _ Community Dev op ent Director _ � . e �, �� - Vice C' C es Murph �'�