HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_01122022PRESENT:
PLANNING AND ZONING MEETING
IONA COMMUNITY CENTER
January 12th, 2021 6:30 P.M.
Chairman James West, Member Bill Koester, Member Gary Elliott, Member Jason Cooper,
Member Ray Hart, City Attorney Andrew Rawlings.
ABSENT: None .
VISITORS: None.
Chairman West welcomed everyone and asked Member Elliott to lead with the Pledge of
Allegiance.
Approval of Minutes: Chairman West entertained a motion. Member Hart asked to change the
minutes to state that the sidewalk has more liability than a paved path. Attorney Rawlings also
noted that there is a place in the minutes where it refers to him as a "member" which will need to
be changed. Member Hart moved to approve the minutes with the changes above for December
8th, 2021. Member Cooper seconded the motion. All are in favor, so the motion carried.
Items of Business:
Variance Application -Gary Elliott; 5477 E. Rockwood Ave, pertaining to
minimum lot size requirement ·
Gary Elliott 5462 E. Rockwood came to the stand. Previously there was a realtor who
owned this property, and he rented it as section 8 housing across the street at 5477 E.
Rockwood. There were couches on the lawn , and many people coming and going.
Laurie Elliott contacted the realtor who owned it and decided to buy it to fix it up 3
years ago. They've disconnected all the utilities. After trying to make it work they
realized there is no way to salvage the existing structure. They have disconnected the
utilities. It just cannot be repaired. There are many issues that would make it difficult to
bring it up to code. The Elliott's would like to demolish the existing structure and
rebuild it up to code.
The original owner built the current structure on .21 acres. Mr. Elliott doesn 't know
whether the original owner built it before the code stated the lot needed to be ½ of an
acre. It is a cinder block home with a flat top. He guesses it was built in the late l 940 's
or early 1950's. They would like to demolish the current structure and put a small
residential home on the land .
Chairman West noted that the reason for the variance is the size of the land , which is .21
acres.
Mr. Elliott noted that they would rebuild according to City Code and with the proper
setbacks. When asked about whether the original owners built the structure on the land
before it was split, Mr. Elliott responded that he doesn't know. He stated that City Clerk
Treasurer, Keri West was planning on looking into it , but he wasn't aware if she had a
chance to look into it yet.
chance to look into it yet.
Member Koester inquired about the width and the depth of the lot. Mr. Elliott noted that
it is a square piece of land , but he doesn 't know the exact dimensions .
Mr. Elliott noted that there is no insulation, just cinder blocks. There are water leaks ,
and 2x4's holding up the bathtub.
Chairman West looked up the dimensions and noted that the lot is 75 feet by 120 feet
Member Cooper noted that they're building little homes in Idaho Falls. '
Chairman West stated that it looks like the Ransom property, a neighboring lot , might
have been split to build that house.
Chairman West noted that there was an e-mail by Susie Ransom to be written into the
record. He read "I would like to recommend that the variance for Gary Elliott be granted
for the following reasons :
They are good citizens of Iona.
They are respectful of their neighbors.
They take good care of their properties .
Having them build a new house will just ensure we as a city continue to enjoy their
presence and contributions in the future"
Chairman West asked for any comment from the commission. No one had any
comments. He asked for a motion
Member Cooper made a recommendation to approve this variance to the City Council.
Member Hart seconded the motion. All are in fa v or, so the motion carried .
Ord. 274-01-22 Amendment to Iona City Code pertaining to regulation ~f signs
Attorney Rawlings stated that most of the code is the same as what they discussed at
their last meeting, with some clerical updates , changing the chapters and sections. The
biggest changes are to the zone ordinances. Section 9, 10, and 11 of the ordinance
removes all regulation of signs on private property. In public right of way, or any public
easement for access there should be no signs, except City Signs.
Chairman West noted that he was grateful to see the changes to residential zones and
that as a City we aren 't impeding freedom of speech.
Chairman West noted that other Cities surrounding us have the right of way as "free
game" for signs.
Attorney Rawlings noted that he believes that the issue was the signs themselves. There
were signs that were saying "I'll buy your house" or "make $1 ,000 a week". There was
no way to regulate only specific types of signs without freedom of speech v iolations .
Chairman West noted that this became an issue before the last election. Mayor Dan
Gubler wanted all the signs remo v ed in the right of way. Public Works Director Zech
Prouse called Attorney Rawlings to ask if he was legally allowed to remove the signs.
There was nothing in the code at that time to regulate what could be placed ii}. the right
of way .
Member Hart asked if the sidewalk in front of your house was public right of way.
Attorney Rawlings noted that it depends on where the property line starts and that the
easements might be unregulated,
Chairman West asked if Zech would need to get authorization from the City Council to
put up signs. Attorney Rawlings clarified that he would not need appro val according to
City Code.
Chairman West asks for a motion.
Member Koester moves to recommend a yes vote to the sign ordinance as written .
Member Gary Elliott seconded the motion . All are in favor , the motion carries .
Member Elliott moved to adjourn the meeting, and Member Cooper seconded the
motion.
Meeting Adjourned: 6 :5~2 ~
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P&Z APPROVED: .......,·"""5,,,......,.=-----~-------------
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ATTEST: D-Al~
Ryle~rrens, Assistant Clerk