HomeMy WebLinkAbout1977-04-21 P&Z MINUTES PLANNING AND ZONING COMMISSION MINUTES
April 21 , 1977
The meeting was called to order at 7 : 30 p.m. in the Council Chambers
by Chairman Don Tolley . Present were Bob Carpenter, Starr Farish,
Pete Olesen, Don Tolley, Ralph Nyblad, John Hull , Bud Grant , John
Pilote , Tom Ensley , LaMar Bollinger, George Dufur and Mel Lewis .
Also attending was City Attorney Ken Roberts .
A motion was made by Ralph Nyblad and seconded by Bud Grant to
dispense with the reading of the minutes and approve them as writ-
ten. Motion carried.
Chairman Tolley opened the public hearing for a special use permit
requested by Jack Noble to build three four-plexes on Lots 4 , 5 , and
6 of Burger Subdivision. These will be two-bedroom units and Noble
will meet all of the requirements of the subdivision ordinance.
T7-4-1 Since no one was present to voice any objections , Pete Olesen moved
and Starr Farish seconded that the special permit be granted . Motion
carried.
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Mel Lewis then read a statement he had prepared regarding a variance
intent requested by the City on City-owned property at Freeport and
N. Kimball . The statement is as follows :
The Mayor has requested that the Planning and Zoning Commis-
sion consider establishing the intent to permit a single
family residence on a building site 50 feet wide located
on the southeasterly side of the City-owned property at the
intersection of Freeport and N. Kimball . Since I would rec-
ommend the P & Z Commission not grant variances and special
permits for future sale as we have in the past , I would
recommend that only an intent be established at this time and,
if the property does sell , the owner can then apply for the
variance with a specific situation involved .
It was further explained that the site consists of five 25-foot
fronted lots or 125 feetiland 60 feet of frontage is required for
a building site under the present ordinance. After a discussion,
the Commission agreed to establish the intent to grant a variance
when the property is sold and the owner makes a request . The
Council will be informed of this action.
The City Engineer was asked to make available when possible maps
showing the areas with substandard sized lots in the City.
Caldwell School District has submitted a request for a variance
for a five-foot high chain link fence to be constructed around the
block at Van Buren School and along the Oregon Avenue property line
(west side) at Lincoln School. Since the request would involve
placing the fence on public right-of-way, it was the City Engineer's
opinion that the Council should consider that part of the variance .
Discussed was a question of right-of-use of the public r_o-w and the
,r1 possibility of an agreement being drawn up to deal with the leg-
alities involved. Roy Payne , business manager for the School
District , discussed the -plans for the Lincoln School fence with
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respect to tentative location. After a discussion, Chairman Tolley
advised Mr. Payne to get together with Mel Lewis and George Dufur
to determine the exact positioning of the fence . A public hearing
could then be held, after which the Planning and Zoning Commission
would forward a recommendation to the Council .
Discussed next was the preliminary of a plat for Country Meadows
located on the west side of S . Tenth Avenue and includes 10 acres
adjacent to the present City limits . Annexation has been requested.
Sewer is available and will be provided. The developer will also
provide curb, gutter, paving and sidewalks . The street called
Sycamore Street on the preliminary plat will have to be changed
as there is a Sycamore Drive within a mile of the City limits,
and the section of Beech Street should be designated as East Beech
Street . Dimensional requirements are met . After a discussion,
77-4-2 Tom Ensley moved the preliminary plat be approved subject to meet-
ing the subdivision ordinance requirements . The motion was seconded
77-4-3 by Bud Grant and carried. Tom then moved that the proposed subdi-
vision be zoned "A" Residential for annexation into the City. John
Pilote seconded the motion and it passed . The public hearing for
the zoning will be set for May 19 , 1977 . .
Dr. John Blayney appeared before the Commission seeking permission
to circulate a petition for operating a veterinary clinic at 3825 E.
Cleveland Boulevard. The hospital will be all-enclosed with a few
pens behind for larger animals . Approval of 75% of the property
77-4-4 owners within 300 feet is required . A motion was made and seconded
by Pete Olesen and LaMar Bollinger to permit Dr . Blayney to circu-
late a petition for a special permit. Motion carried.
Another special permit request considered was for the construction
of two duplexes on one building site 165 ' x 264 ' on the northwest
corner of Beech and Ohio (Tract 7 , Mountain View Subdivision #2) .
Mr. Dean Hoff applied for the special permit and was present to
obtain permission to circulate a petition among property owners
77-4-5 within 300' . Sixty percent approval is necessary. A motion to
grant Mr. Hoff permission to circulate the petition was made by
Tom Ensley and seconded by John Hull . Motion carried .
Next the final plats of Cedar Park, Caldwell Interstate No . 1 ,
and T and T Subdivision No . 2 were presented for approval . The
City Engineer stated he would recommend acceptance of the final
plat of Cedar Park subject to completion of the annexation ordi-
77-4-6 nance . A motion to recommend its approval to the City Council
was made by Pete Olesen and seconded by Starr Farish. Motion
carried.
Mr. Lewis informed the members that before the final plat of
Caldwell Interstate No . 1 was recorded , the avigation easements
will have to be completed . Everything else is in order and he
77-4-7 recommended that this final plat be accepted also. Bud Grant
moved and John Pilote seconded the motion to recommend the ap-
proval of the final plat of Caldwell Interstate No . 1 to the
City Council . Upon vote , the motion carried.
Regarding the final plat of T and T #2 , Mr. Lewis informed the
Commission that letters had been sent to the agencies required
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by Code on the 21st of April so there would be time for any changes
to be made before the final plat comes before Council . He also
stated the approval of Pioneer Irrigation District was needed. The
vacation of Cedar Street will have to be completed before the final
77-4-8 plat is submitted to Council . Pete Olesen moved that the final plat
be approved subject to the conditions stated above . Motion was
seconded by Starr Farish and passed.
At a previous meeting, a variance was requested by Mr . Leonard
Schmidt to build a small house behind an existing house on the
southeast corner of College and Cherry on a corner lot containing
8 , 522 square feet . A recommendation was enlisted from the Building
Official by the Commission to determine whether or not the variance
should be granted . The Building Office and Engineering Department
looked at the property and prepared sketches showing a square foot
comparison of Mr. Schmidt ' s property and property across the street
on which two houses are located. After studying the drawings ,
Commission members felt that the square footage was insufficient
to justify constructing another house on Mr. Schmidt ' s site . LaMar
77-4-9 Bollinger moved and John Pilote seconded the motion that the vari-
ance be denied . Motion carried .
Mr. Ray Overlin appeared before the Commission to request the fol-
lowing variance : To build four houses and remodel an existing
house on the north half of Block 50 , Golden Gate Addition at First
Avenue and Kearney Street , and to not be required to install curb
and gutter on First and Kearney . Mr. Lewis explained Mr. Overlin
owns half a block 340 ' x 128 ' which is too small to plat and he
therefore could get only one building permit a year on the property .
He further explained that when the freeway project is done , 1st
Avenue will be improved at that time. Mr. Overlin will put in the
sewer but it is his feeling the area does not warrant the expense
77-4-10 of installing curb and gutter. Bob Carpenter moved , after discussion,
that the variance be granted and referred to the Council for their
action . The motion was seconded by Ralph Nyblad and , after a vote ,
failed .
Two variances were requested by Lasher Construction Company. One
was to construct two houses on a triangular-shaped site of approxi-
mately 11 ,000 sq . ft . on N. Illinois Avenue between Lewiston and Kearney
Streets . The ordinance requires 6 ,000 sq. ft . per building site for
77-4-11 an inside lot . Tom Ensley moved and Bud Grant seconded the motion
to grant the variance for the size of the building site . Motion
carried .
The second request was for a variance on lot size for Lot 12, Block
3 of Lasher Addition, which is located on the northeast corner of
Howe Avenue and Big Sky Street . The lot contains approximately
7 , 800 sq . ft . and lacks about 200 sq . ft . of meeting the 8 , 000 sq .
ft . requirement for corner lots . It was pointed out by the City
Engineer that this subdivision was platted in 1972 prior to area
requirements of the subdivision ordinance passed on June 19 , 1972,
and he stated he had received a letter from Safeco saying title
7, 12 insurance could be issued on the lot . A motion to grant the vari-
ance was made and seconded by Starr Farish and Ralph Nyblad and ,
upon vote , carried.
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Chairman Tolley announced that Thursday, May 5 , will be the next
work session on the zoning ordinance .
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Although Mr. David Lee was not present , Mr. Lewis explained a special
use permit application made by him to install 21 apartment units on
the northwesterly corner of 19th and Blaine . At 3, 000 sq . ft . per
living unit , this property could accommodate only 13 units . After
77-4-13 a brief deliberation, Pete made a motion that the special use permit
not be considered. Motion was seconded by Tom Ensley and passed by
the Commission.
The deadline established for accepting items to be on the agenda for
regular Planning and Zoning Commission meetings will be at 5 : 00 p .m.
on the Monday preceding the Thursday night meeting. The agenda will
be mailed out on Tuesday . Notice of this policy will be sent to
those regularly submitting items for consideration.
Meeting adjourned at 9 : 30 p .m.
Respectfully submitted ,
Sylvia Robison
Secretary pro tem