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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. • 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 -2- 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 -3- 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. -4- Chairman Tolley announced that Thursday, May 5 , will be the next work session on the zoning ordinance . etS 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