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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_05142014PLANNING AND ZONING MEETING IONA COMMUNITY CENTER MAY 14, 2014 6:30 P.M. PRESENT: Chairman Dan Garren, Members — Bette Lovinus, Roy Hobbs, Melanie Shirling, and Clerk Julie Hammond. ABSENT: Member Mike Taylor. VISITORS: Donna Pruett, Marne Dickinson, Susan Johnson, Anita Conley, Blair Simmons, Jack Edwards, Vaun Larsen, Lacretia Larsen, Greg Larsen, Mariellen Drollinger, Terry Drollinger, Becky Styhl, Gary Styhl, Mary Travis, Wayne Travis, Rand Shell, Marque Shell, Brian Stutzman, Tony Shiffer, Andrew Hufford, William Wellman, Jerry Hansen, JoAnn Hansen, John Price, Sally Price, and Jared White. Chairman Garren welcomed everyone and Member Lovinus led with the Pledge of Allegiance. Minutes Approved: Member Shirling motioned to approve the Planning & Zoning (P&Z) Minutes of April 09, 2014 as written. Member Hobbs seconded the motion. All were in favor, motion carried. Jerry Hansen Public Hearing — Annexation/Zoning of Property Located at the Corner of 49th North and 55th East: Chairman Garren explained the Public Hearing Process. Chairman Garren presented the Application for Annexation/Zoning "Exhibit A" because Mr. Hansen had not yet arrived. He explained that Mr. Hansen would like to annex 2.221 acres that abutted Iona City limits into the City of Iona with an R-1 (Single Family Residential) Zone. Chairman Garren asked if anyone was in favor, none; neutral, eight; opposed, none. Susan Johnson of 5665 N 55th East was neutral. She asked how the annexation affects them. Chairman Garren stated that the application met the current zoning requirements. Ms. Johnson asked if her taxes would go up. Chairman Garren stated hers would not because she is still in Bonneville County. Anita Conley of 5166 N 55 East was neutral. She asked if the annexation would open up the door for more housing in Mr. Hansen's neighboring 15 acres. Chairman Garren stated that the 2.221 acres was on the table at this time. Ms. Conley stated that this would be a possibility in the future. Chairman Garren agreed. Mariellen Drollinger of 5393 N 55th East was neutral. She asked if this would set precedence for the City of Iona. Her property borders Mr. Hansen's property to the north. Ms. Drollinger asked if I want to annex my property in are we just going to keep going north. Chairman Garren stated that they could. Unnamed Participant asked how this would affect the City's water; we are already rationing water. Chairman Garren stated, as he understood it, the City has plenty of water but maybe lacking in the ability to pump it. This could be addressed by adding a second pump or holding tank. Jack Edwards of 3005 N Foothill Rd was neutral. He asked how close the property was to the City. Chairman Garren stated that it abutted to the City. Mr. Edwards thought this would be beneficial to the nearby homeowners. Chairman Garren stated it benefits both parties; the homeowner is provided with street maintenance and police protection; the City would receive property taxes. Mr. Edwards stated that even if Mr. Hansen went through Bonneville County he would still have to abide by the City of Iona's Code because it is in the City's impact area. Marnie Dickinson of 5519 E 49th North was neutral. She stated that she owns the property across from this and it is a bad location anyway because of the well house on the corner. Ms. Dickinson stated that it seemed like a lot of homes for the area. Chairman Garren explained that the property is consistent to the R-1 Zone. Brian Stutzman of 6655 E Lincoln Rd was neutral. He asked if the hearing was about the plotting of the property or about the annexation of the property. Chairman Garren stated the hearing is about annexing the property at this time and if approved the plot would be considered at a later date. Jack Edwards of 3005 N Foothill Rd was neutral. He asked if the speed limit would change. Chairman Garren stated the City could extend the 35 mile an hour speed limit. Terry Drollinger of 5393 N 55th East was neutral. He asked if the development would include curb and gutter. Chairman Garren explained that the hearing was on annexing the property into Iona and the development plan would be considered at a later date. Chairman Garren closed the public portion of the hearing. Planning & Zoning (P&Z) Member Lovinus stated she didn't see anything wrong with the annexation application. P&Z Member Shirling stated the City was looking at expansion. P&Z Member Hobbs stated the only issue would be the water but that would be the developer's responsibility. The developer would also have to contend with the Iona Bonneville Sewer District. Chairman Garren stated that the application was consistent with Iona's R-1 Zone. P&Z Member Hobbs motioned to recommend the approval of Jerry Hansen's Application for Annexation/Zoning located at 49th North and 55th East. P&Z Member Lovinus seconded the motion. All were in favor, motion carried. Jerry Hansen Public Hearing — Flag Lot Variance Request for Property Located at 5330 Hansen Ave: Chairman Garren reminded everyone of the Public Hearing Process. Mr. Hansen presented his Flag Lot Variance Request "Exhibit B", stating that he needed access to the middle lot behind his property at 5330 Hansen Ave. Council had approved Mr. Hansen's two lot subdivision February 18, 2014. One condition of the approval was that Mr. Hansen had to apply for a Flag Lot Variance because there wasn't reference for access to one lot in Iona's City Code. Chairman Garren opened the public portion of the hearing. He asked if anyone was in favor, none; neutral, none; opposed, none. The public portion of the hearing was closed. Chairman Garren explained that the City was currently drafting a Flag Lot Ordinance (access to one lot). Planning and Zoning Members required no discussion. Chairman Garren motioned to recommend approval of Mr. Hansen's Flag Lot Variance Request. Member Shirling seconded the motion. All were in favor, motion carried. Verizon Wireless/Greg Larsen Public Hearing — Cellular Facility Variance Request at 5050 E Owens Ave: Chairman Garren reminded everyone of the Public Hearing Process. Jared White of Verizon Wireless had not arrived yet. Mr. Larsen presented the Verizon Wireless Cellular Facility Variance Request "Exhibit C. He proposed that Verizon erect a 100' Cell Tower on his property behind the storage units. P&Z Member Lovinus asked if the tower was free standing or had guide wires. It was a free standing cell tower. Chairman Garren opened the public portion of the hearing. Brian Stutzman of 6655 E Lincoln Rd was in favor. He stated that the area needed a cell service. He also indicated that the cell tower could be disguised as a pine tree or flag pole and presented copies to Planning & Zoning. Gary Styhl of 3473 Main St. was neutral. He stated the area needed service but not necessarily at this location. Jerry Hansen of 5609 E Iona Rd was neutral. He attempted to put in a cell tower five or six years ago but it was denied. Mr. Hansen stated a survey indicated the community wanted a cell tower. Susan Johnson of 5665 N 55th East was in favor. She can't get reception and saw the need for the cell tower. Andrew Hufford of 4953 Camas Creek Circle was neutral. Mr. Hufford asked the exact location of the cell tower. Mr. Larsen indicated that it would be on a little piece of property located south of the storage units. Mr. Larsen stated that the base would be hidden from the road and the tower could be disguised. Randy Shell of 4965 Camas Creek Circle was opposed. He was strongly against the cell tower stating that he did not want it in his back yard. William Wellman of 4954 E Iona Rd was opposed. He stated his property was adjacent to Mr. Hansen's property and he did not want to hear the humming of the tower. Andrew Hufford of 4953 Camas Creek Circle thought the tower would decrease the property values and create an eyesore. Mary Travis of 4950 Camas Creek Circle was opposed. She stated that Iona was a very homey community and was strongly opposed to the cell tower. Ms. Travis had seen the tree towers before and thought they were okay but they were not intended for a community setting. Donna Pruett of 4966 Camas Creek Circle was opposed. She agreed with Ms. Travis. John Price of 3327 N Dayton was neutral. He stated he was fine with the tower but not the location. Mary Travis of 4950 Camas Creek Circle stated that if the tower was 100' tall, it would be the first thing people would see when they came into town. Greg Larsen of 5029 Walker Ave indicated that a flag could be put up to make it look nice. Jared White of 1894 W 1690 South, Woods Cross, UT, Verizon Representative explained that Iona is getting service from surrounding areas. Verizon looks at the draw by demand; service off loads to towers around them. He cited Federal Regulation requiring public utilities. Mr. White stated that the tower could be as low as 75' but then other services such as AT&T or Sprint would not be able to connect to the existing tower and would eventually apply for their own cell tower. He stated that more people in this area are using Verizon but don't want the tower here they want it somewhere else. Verizon tries to build as few towers as possible by pulling the signal from other areas. Chairman Garren asked how large the signal coverage is. Mr. White stated it was twenty miles but the issue was capacity. He stated the tower serves two purposes; 1) Covers immediate area and 2) Off loads to other areas. Andrew Hufford asked if he would let someone build a cell tower in his backyard. Mr. White indicated that he would. He stated that everyone uses cell phones and tablets. Chairman Garren redirected the questions. He asked if Verizon had looked at putting a tower on the foothills. Mr. White stated there was one already there. Jerry Hansen of 3609 E Iona Rd asked if Verizon new that the property being considered was an old junk yard and would the ground be stable enough to support the tower. Mr. White indicated that they always to a geotechnical test and the towers are built to withstand 125 mile an hour winds with 4" of ice for five seconds. Mr. Hansen asked how big the foundation was going to be. Mr. White stated it varies depending on the testing; anywhere from 12' to 30' deep. JoAnn Hansen was opposed. She did not like the location. William Wellman of 4954 E Iona Rd did not have an issue with dropped calls so didn't see the need for an additional tower. P&Z Member Lovinus asked if the tower could be located somewhere else. John Price of 3327 N Dayton stated that with a 20 mile radius he didn't see how moving the tower 1/4 of a mile would affect the capacity. Mr. White stated that by moving the radius the tower would only be 60% effective. Federal Regulation looks at its entirety and has Verizon locate them. Mr. Price asked that a 1/4 mile cuts your capacity by 40%. Mr. White stated, yes, it did. Randy Shell of 4965 Camas Creek Circle was having a hard time believing that information. Chairman Garren closed the pubic portion of the hearing and opened Planning & Zoning's discussion. P&Z Member Hobbs stated that in a Commercial Zone there is a 35' height requirement. Chairman Garren stated that the requirement for a variance request needed to prove hardship. He couldn't see a hardship in this situation; could see the opportunity. Chairman Garren stated that this variance did not qualify under Iona's City Code. P&Z Member Hobbs motioned to recommend to Iona City Council to deny the Verizon/Larsen Cellular Tower Variance Request with the suggestion of relocation. P&Z Member Shirling seconded the motion. All were in favor, motion carried. Water Services Proposal — Blair Simmons: P&Z Member Shirling motioned to move item 5 f so Mr. Simmons did not have to wait any longer to present his proposal. P&Z Member Lovinus seconded the motion. All were in favor, motion carried. Mr. Simmons presented a proposal "Exhibit D" asking for Iona Water Services to his property located on the corner of Foothill and Iona Rd. He stated that the property would be subdivided into four lots which he wished to build two homes on now and the other two lots would be for his kids to build on in the future. P&Z Member Shirling stated that the deed would need to state City Annexation. Chairman Garren thought Mr. Simmons might be better off digging a well and suggested speaking with Iona's Public Works Director, Zech Prouse to see if the City can meet his needs. Chairman Garren also recommended consulting with the City Engineer to get a good idea of the costs involved. Chairman Garren didn't see a problem in supporting Mr. Simmons. Chairman Garren motioned to table the request until Mr. Simmons had time to do further research. P&Z Member Lovinus seconded the motion. All in favor, motion carried. Bonneville County Area of Impact Agreement/Area of Expansion: P&Z Member Hobbs met with the Iona Bonneville Sewer District (IBSD). He stated that IBSD wouldn't acknowledge Iona's Impact Area Expansion unless Idaho Falls agreed. Member Hobbs stated that he would attend Idaho Falls Planning & Zoning Meeting on Tuesday, June 3, 2014. Member Shirling indicated she would attend as well. Chairman Garren asked if IBSD couldn't service the impact area. Member Hobbs stated that everyone is trying to expand. He would let everyone know Iona's intent at the meeting. Donna Bridges of IBSD and Brad Cramer, IBSD Planning & Building Director would be attending the meeting with him. Member Hobbs brought an Idaho Falls Map as well as a map showing IBSD's service area in green and Bonneville County in blue. Member Lovinus asked if we were going to include Panorama Hill in our expansion area. Member Hobbs indicated we would. Generic Flag Lot (access to one lot) Ordinance Discussion: Chairman Garren explained that the Flag Lot Ordinance "Exhibit E" would open up some of the old long, narrow lots for construction. He stated that Section 11-11-26 as adopted states what the access road should be. Chairman Garren indicated that the changes would allow the access road to come out of an alley or a neighbor's driveway. He thought the area would lose a lot of one acre lots with the proposed ordinance. Chairman Garren stated that if they chose not to recommend the ordinance that a Flag Lot could be approved by variance. They also had the option of changing the verbiage; such as having access from a dedicated street through a paved alley. Chairman Garren stated with the variance they would still have to prove a hardship; profitable or desirable was not sufficient. Member Lovinus asked where the water and sewer lines would come in. It was indicated they would come through the alley. Member Lovinus suggested going with the ordinance as written. Member Shirling disagreed. Chairman Garren was still torn in regards to the width of the access road being 20'. He would still like to see it around 30'. The Flag Lot Ordinance would go to Public Hearing next month. Reports Category B Annexation Discussion: Clerk Hammond explained that Attorney Storer was waiting to hear if there were any changes to the Annexation Plan before proceeding with any notices. Future Discussion: Chairman Garren reminded everyone to review the training Member Hobbs recommended. He also saw the need to address a Cell Tower Ordinance. Action Items at a Glance: All Members: 1) Revision of Title 10 — Subdivision Ordinance for June. Member Hobbs: 1) Attend Idaho Falls Planning & Zoning Meeting on June 3, 2014. Member Shirling: 1) Attend Idaho Falls Planning & Zoning Meeting on June 3, 2014. Meeting Adjourned 8:15 p.m. City of Iona From: Garren,Dan <dan.garren@idfg.idaho.gov> Sent: Thursday, May 15, 2014 8:50 AM To: 'City of Iona'; innovativecoat@yahoo.com; blovinus@cableone.net; michaelk.taylor@yahoo.com; rocksgoddess@gmail.com Cc: 'brad andersen' (iona_mayor@hotmail.com) Subject: RE: 2014 Residential Water and Sewer Rate Survey One point that I probably failed to make clear last night with regards to the variance request for the cell tower. A variance request needs to meet two criteria to be issued — the first being a demonstrated hardship (which was not identified in the application or in last night's meeting). The second is that the variance is in the public interest. I don't think I did a good job stating that based on the impact of the cell tower on property values, the request was not in the public interest. Certainly it was in the interest of some of our constituents who have Verizon and lack service, but ultimately it negatively affects ALL our constituents by lowering property values and creating an eyesore. Probably not appropriate to get that in the minutes from last night as I don't think I clearly stated that. But worth mentioning... Dan Garren Regional Fisheries Manager 208-525-7290 From: City of Iona [maiito:iona@cityofiona.org] Sent: Wednesday, May 14, 2014 1:47 PM ilk To: Garren,Dan; innovativecoat@yahoo.com; blovinus@cableone.net; michaelk.taylor@yahoo.com; rocksgoddess@gmail.com Subject: FW: 2014 Residential Water and Sewer Rate Survey FYI From: Annalyn Jensen [mailto:clerk@schiesseng.com] Sent: Friday, March 28, 2014 6:29 PM To: cityclerk@afwireless.com; afcity@co.power.id.us; rbrown@cityofammon.us; cityarco@atcnet.net; Cathy Stegelmeier; Deborah Anderson; dbarton@bellevueidaho.us; Suzanne@cityofblackfoot.orq; bloomingtonidaho@aol.com; cityclerk@custertel.net; rmorgan@cityofchubbuck.us; clerkbk@icsofidaho.net; driggsclerk@ida.net; cityofdubois@mudlake.net; scottl@fallswater.com; Robert Dial; franklincity@plmw.com; citygrace@icsofidaho.net; dhopkins@pmt.orq; rmanderson@idahofallsidaho.gov; inkomcityoffices@cableone.net; Julie Hammond, City Clerk; clerk@sewerdistrict.com; lavacity@gwestoffice.net; mackaywater@ida.net; maladcity@hotmail.com; pam@icsofidaho.net; menan@ida.net; montcity@dcdi.net; newdale@fretel.com; cityofparis@dcdi.net; parkercity@ida.net; Ruth Whitworth; ierrvlarsen@prestonidaho.net; Blair Kay; rigbyclerk@ida.net; ririecityclerk@gmail.com; robertscityclerk@yahoo.com; rocklandclerk@dcdi.net; mgbenton@centurytel.net; sandyrg@cableone.net; taushav@sodaspringsid.com; cclerk@cityofstanthonv.orq; dawn@dcdi.net; sbell@sugarcityidaho.gov; tetonclerk@cableone.net; tetoniagov@silverstar.com; cityofucon@gmail.com; valeew@victorcityidaho.com; albioncty@atcnet.net; mmitton@pmt.orq; Clifton@ida.net; daytoncity@plmw.com; declo@gwestoffice.net; clerkfairfield@frontier.com; mary.cone@hailevcitvhall.orq; roger.parker@haileycitvhall.orq; cole.balis@haileycityhall.orq; ctpaulid@pmt.orq; richfield@safelink.net; bayley.fuller@rupert.id.us; Mitch Smaellie; westoncity68@yahoo.com Cc: Paul Scoresby Subject: 2014 Residential Water and Sewer Rate Survey 014 Clerk/Manager Schiess & Associates is please to present the 9th Annual 2014 Eastern Idaho Residential Water & Sewer User Rates & Connection Fees Survey. Thank you for your participation in providing information for this survey. i CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of May 14, 2014 at 6:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider an Application for Annexation/Re-Zoning. A second public hearing is scheduled for the evening of May 20, 2014 at 7:15 pm at the Community Center with the City Council for final review. The land to be annexed is described, as follows: Jerry Hansen Property located on the North West Corner of East 49th North (Telford Rd) and North 55th East. PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36 AND RUNNING THENCE S.89' 17'O1"W. 282.70 FEET ALONG THE SECTION LINE; THENCE N.00' 15'57"W. 417.54 FEET ALONG AN EXISTING FENCE LINE TO THE SOUTHWEST CORNER OF THE PROPERTY AS DESCRIBED IN WARRANTY DEED, INSTRUMENT NO. 1461432; THENCE S.89'57'46"E. 284.89 FEET ALONG THE SOUTH LINE OF SAID PROPERTY TO THE EAST LINE OF SAID SECTION 36; THENCE S.00'02' 14"W. 413.82 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 2.708 ACRES AND IS SUBJECT TO THE EXISTING COUNTY ROAD RIGHT-OF-WAY ALONG THE EAST AND SOUTH SIDES OF THE ABOVE DESCRIBED PARCEL LEAVING A NET ACREAGE OF 2.221. Written comments will be accepted up to three days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Mailed: April 29, 2014 Posted: April 29, 2014 Published: April 16, 2014 & April 29, 2014 "Exhibit A" $V • WIWW• WI • (KW * 4W1H.CWO, - 91461*''' ,k."1 -486111•4•1--,INV" • k ; 411. I 1•.• ;WV rhIP wol" 4111,11r," wir NW- .4.11W114 N114410 — i "LOW wre*V0P4, 4-1—)1 LO- 3 36.78 —OT 4 36.59 yew- Imo-- . 4 q N • - ittit We _WI 4-' g ' j WO' ! *AM 1 4401111 ;1 ...., ---- = '•„ 1__ it____---- -1,----; • V g E 1 Mi. W 1 b01 40_,L0 raa P4 'L,07 4 4O,iJ le APPLICATION FOR ANNEXATION/ZONING CITY OF IONA This application must be fillut in detail and .�su'bm�'K. to the City Clerk' office a�548 North Main Street, Iona, Idaho 1. Name of applicant: 2. Address of applicant: 5 /0 d 9 F D&trb.S 3. Telephone number of applicant: work; - homer 4. Address of subject property: C N 4/ q y b .a A 5 C y t 5. Legal description of property, (attach if necessary): _,A.vn C-6�t/�'` 6. Is the applicant the owner of the subject property? If not, please state the name and address of the owner, together with the relationship of applicant to the owner: (3Ztnet Jut—. 7. Is a copy of one of the following attached?avarranty deed; _ proof of option; _ earnest money agreement. 8. State the zoning desired for the subject property: W 9. State the reason for the proposed annexatiorr d any proposed pl s for the use of the subject property: L.4) ; r►.4 1,C q Dated this // day of.� , 20 / Signature of applicant (-32Jvi 4A1) This application will be referred to the Iona Planning and Zoning Commission for a recommendation on the requested zoning. The Planning and Zoning Commission shall hold a public hearing and will then make its recommendation to the City Council. The City Council will then hold a second public hearing. Notice of the public hearings must be published 15 days prior to said hearings. Notice shall also be posted on the premises of the subject property not less than 1 week prior to the hearings. Notices will also be mailed to property owners or purchasers of record within 300 feet of the subject property. You will be given notice of the public hearings and must be present to answer any questions. APPLICATION ACCEPTED BY: Sul 14 vain DATE: �iv /i-1 APPLICATION FEE RECEIVED: $ 4d0. °.r 3 DATE: /a //lz NOTICE PUBLISHED: Date: )14-/Vy V-17-/� SITE POSTED: Date: . f/dy -�' NOTICE TO RESIDENTS: Date: i,42, - DA� OF HFA�tIgf r``,Z .S,7 W ,7 5:20 /� _,/o97u PERMIT APPROVED: ( ) PERM ENIE : ( ) t NOTICE OF/DEVIS ON NIAILcu ON: CONDITIONS IMPOSED: ADDITIONAL SHEETS MAY BE USED AS NEEDED RESIDENTS NOTIFIED: CITY OF IONA PLANNING & ZONING Mountain West Title & Escrow 2013035228 Instrument # 1441623 IDAHO FALLS, BONNEVILLE, IDAHO 2013-03-20 04:09:25 PM No. of Pages: 1 WARRANTY DEED Recorded for. MOUNTAIN WEST TITLE & ESCROW I RONALD LONGMORE Fee: $10.00 Ex-Offlcio Recorder Deputy DWoolf tANTY ElectronicallyDEED Simonle KAREN JENKINS, as General Personal Representative of the Estates of MELVIN C. FRANDSEN and IVY F. FRANDSEN, husband and wife, both deceased, as GRANTOR, for good and valuable considerations, the receipt of which is hereby acknowledged, does hereby pant, bargain, sell and convey unto JERRY R. HANSEN and JO ANN S. HANSEN, husband and wife, es GRANTEE, whose address Is P.O. Box 95, Iona, Idaho 83427 and Grantee's successors and assigns, 80 of the following described real property, to -wit: Beginning at the Southeast Comer of Section 36, Township 3 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, and running thence North 80 rods; thence West 301/2 rods; thence South 80 rods; thence East 301/2 rods to the Point of Beginning. SUBJECT TO the 2013 and subsequent years general taxes and assessments, ll existing patent reservations, easements, right of ways, protective and restrictive covenants, oning ordinances and applicable building codes, laws and regulations. TOGETHER WITH any and all improvements, water and ditch rights, anywise appertaining, and any reversion, remainder, tents, issues Grantor, for NniseM and his successors and assigns, does assigns, in the quiet and peaceful possession of said premises In construing this Deed and where the context so requite Dated: March 20, 2013. STATE OF IDAHO COUNTY OF BONNEVILLE ss 1 On March 20, 2013, before me, the undersigned. personally appeared Karon Jenkins, known or identified to me to be the General Personal Representative of the Estates of Melvin C. Frandsen and ivy F. Frandsen and _ • - • • • to me that she executed the same es such General Representative. Notary Public for the State of� Commission Expiration Date: itaments and appurtenances thereunto belonging or in tend the Grantee, and Grantee's successors and any a all persons. Ural, and the masculine, the feminine and neuter. THE ESTATES OF MELVIN C. FRANDSEN and IVY F. FRANDSEN Karen Jenkins, General - I Representative Reeking at Idea* Fills, Moho te►ConeeNelon Exalt= 01/30120 e 1441823 CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of May 14, 2014 at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider a Variance Request for Jerry Hansen to allow a flag lot (access to one lot) in an R1-Zone located at 5330 Hansen Ave. A second public hearing is scheduled for the evening of May 20, 2014 at the Community Center with the City Council for final review. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Mailed: April 29, 2014 Posted: April 29, 2014 Published: April 29, 2014 "Exhibit B" II i, i!:I, �; �ICf!ii ail Re . resentin Com Address: I,! I 1; I 11 Site Address: CITY OF IONA 3548 North Main P.O. Box 487 lona, Idaho 83427 Application for Variance Legal Description: (i.e. Addition, Division No., Lot, Block) v w -I 14. APPLICATION ACCEPTED BY: APPLICATION FEE RECEIVED: $ NOTICE PUBLISHED: , SITE POSTED: NOTICE TO RESIDENTS: PERMIT APPROVED: CONDITIONS IMPOSED: actN1 / PER DENT •: ADDITIONAL SHEETS MAY BE USED AS NEEDED Phone: Fax: Z. .: Phone: DATE: DATE: /�2i rtir DATE OF ' - ING: NOTICE OF DECI . N/". ON: RESIDENTS NOTIFIED: CITY OF IONA PLANNING & ZONING Phone: (208) 523-! Fax: (208) 535-C .2 - C3 0 (ii'.tll1.1.I ;1 A The following conditions (11-14-2 of the Zoning Ordinance) must be fulfilled before a variance can be granted by the City Council. Showing that a variance is profitable or desirable for the owner and no harm will be done to others is not sufficient. Please explain how granting your request conforms to each of the requirements below. 1. A description of the physical characteristics of the site that causes a h dsl�i . yx ..d.ttei P.A. -.7txte di Ai,,s0 d 0-6Q .14,6-41- 012,61 1-40 2ife, duT iii_o Liz .., , . �,,,,�ri g t v ,2 �oiD Q,kv .. � 3 � .Qo !- - c i,v,� _46., U-o a..c-c_,o.o 2. A description of the hardship why applications of the provisions of this zoning ordinance imposes undue burdewpo the property owner. n a_ 4a n� c 2u4;_t We/ a�C G2�.ltdF6.X.cYI f" 3 Li- -tt) (0-e-(2-4 otivte,Q 02-zt-DAAA. >tt, 't2t"3 /(eivvt• u ;..32,4 ck4,--k) p.A470Lks --4-441-4t-6,74 ./Ixt-tUsd ai pi tj:td-f 1/012t, -0-6-6.10%.04 .Agaittu,ua 3. Evidence that the hardship was not caused by the owner, or previous owners, through their own actions. 1 1,420 vjeals cr .440A..e;L(} v-4IZe� - u camt u v 1 L5c5 r'-W c CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 PRELIMINARY PLAT APPROVAL Phone: (208) 523-56C Fax: (208) 535-008 THE CITY COUNCIL HAS APPROVED A PRELIMINARY PLAT PERMIT #2014-01 TO: Jerry Hansen FOR (describe project): Two Lot Subdivision THE PRELIMINARY PLAT PERMIT IS ISSUED FOR PROPERTY LOCATED AT: 5330 Hansen Ave Iona Idaho THE PRELIMARY PLAT PERMIT IS ISSUED PURSUANT TO TITLE 10, CHAPTER 1, SECTION 14 OF THE IONA CITY CODE. ADDITIONALLY: The property owner must meet the requirements for a two lot subdivision "Exhibit A". Amend item (2) such that the private drive does not need to go all the way through connecting Hansen Ave to Wilde Ave; access to the flag lot (middle lot) should be from the ls` lot on Hansen Ave; and the 3rd lot should face and have access from Wilde Ave. Apply for a variance for property not having full frontage on, and access to, a dedicated street (flag lot) in accordance with Title 10, Chapter 1, Section 7 (c). The approval of a Preliminary Plat Permit shall expire one year after the date of approval unless a final plat has been approved by the City Council. APPROVED BY THE IONA CITY COUNCIL ON/ r (DA (MAYOR OF IONA) (DATE) w 2/4/2014 To: City of Iona Planning and Zoning Commission Regarding: Jerry Hansen Subdivision Please review this list of requirements and the attached drawings pertaining to the application for a subdivision submitted by Mr. Jerry Hansen. Requirements for a two lot subdivision. 1. Apply for a variance to the City of Iona Code Title 10-1-7 subsection C, which states: All lots shall have full frontage on, and access to, a dedicated street. 2. Construct a private drive connecting Hansen Ave. and Wilde Ave. on the west side of the property to a width of no less than 20 feet and no more than 35 feet. If the private drive is constructed to a width of 35 feet, the drive approach where it intersects Hansen Ave. and Wilde Ave. can be no more than 30 feet in width as per City of Iona Code Title 10-1-8 subsection (K). 3. At the intersection of Wilde Ave., the corners of the private drive will be of sufficient radius to permit safe movement of passenger and emergency vehicles. 4. A 15 foot wide utility easement is required on the east side of the private drive for water, sewer, power, gas, and communication utilities. No permanent structures may be constructed within this easement. 5. All potable water service lines, hookups, and meter pit installations will meet the regulations set forth by the City of Iona Code Title 8 Chapter 2, Public Utilities and Property (Water Service), the City of Iona plumbing inspector, the City of Iona Public Works Department, and the State of Idaho Rules for Public Drinking Water Systems. 6. All sewer service lines, and hookups will meet the regulations set forth by the Iona Bonneville Sewer District, the City of Iona plumbing inspector, and the State of Idaho Rules for Public Drinking Water Systems. 7. All lots within the subdivision will adhere to the requirements of the City of Iona Code, Title 10 Planning and Building, and Title 11 Zoning. Exhibit "A" i� 0.1 A L L e r _m w i i, .d_ e-IA v c 1 P PC) 141e -R. • W are R 1*_C G nn.m g 1_ c art if?o 1/:. a L� � _ Y es e. rnci.ry r -- VILLAGE OF IONA (Block 2) Scale 1" =100' E owENs av While this is a photographic reproduction of the recorded plat no representaxion is made sa to accuracy and the Company assumes no liability therefor. Any reference to the plat of the subdivision is to the plat recorded with the County Recorder and not to this plat which is provided only to reflect the approximate location of the property. A, 497 ,v. Capita( dvt • P.O. Baas 51694 • ldaiio Fag 10 83:0J-1690 • (208) 524-6600 • Far (108) 324-607' CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Planning & Zoning Commission has scheduled a public hearing on the evening of May 14, 2014 at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider a Variance Request for Verizon Wireless, Representative of Greg Larsen, Owner to allow a cellular facility in a commercial zone located at 5050 E Owens Ave. A second public hearing is scheduled for the evening of May 20, 2014 at the Community Center with the City Council for final review. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Mailed: April 29, 2014 Posted: April 29, 2014 Published: April 29, 2014 "Exhibit C" 150 0 au co vo 669'40'05'V 306.44 I 67.78 1.40 N89'38'44'E 307.24 K, 'E 150.0.- 700'E 150.00 IN :c. .0 K C LB 26'E x'.'... e'-te.-p-4..1.:, 6..R.,.,,'.,...•< t a c-0 -'- ,4 ,..) `-9 t" .S,co * Ei 71,,i. 9 ,q,...i.,1u4"-: 'Az ....).., e4 71 16867 SO F 1 '"'. 74 iiir/ _ '1.122,5r- v-"-- r<<", . (--,-J6122 SO 61.69,. .'"134 0,;.. . i ,....' L._ D_, . ''-".` ..,, -)°,.----- 4.. 'ID, "'"-s, .7-"\I ,----- r-t'. ' r A. i10.40„- \4./. '4'11114.73 : ---HtliB 85.0 . , N81 41 125.27 150.0 N 9•4 '404 175.12 156.44 RECORD OF SURVEY BY MOUNTAIN RIVER 11152733/ 7 : in --' a; 4 ,725 _ N8949'45'11 115,8 115 0 , NG AV Ft 125 0 rs, ORD ,r mN -----;W„:;648117vv 111"6 N1•22'41'11 19.45 '441f1;91.91E Sen'S 2 160.00 ,1,<17- 133•N - s§ Kcitigrisoty p as, 1341.00 5.56 REZIPFSTIN. il6pIem1761 N 85.5056E a 69 69 96 OWENS AV 2 AWN1U4__ $7, - -685'1519.502'20'V S Fe+ r'et, 4f. S." eoaa CO 9 -199.Iy 7, z 110.00 S85•52'2770•11 _ ry IP. tr, Lc; c° S0;6004:00; - 120.31 3 sTi% 2e. W _ _ 60 14 5' it3' E 176-07 We S011m . . . ORD 176.07.13 0, (20 (1) j'6%3- CD 165. 132.0 5 Si 'eg3)06,4 6 165.0e 0.?e, 5 o- ;3 o L-0,j 82.5 S 85. .4, 132.0 49 ".5k; 72 7 ' , 000 ''3°06S 00 132.0 V 5°06P 132.0 4 N--1-N_O_A _ CITY OF IONA 3548 North Main P.O. Box 487 Iona. Idaho 83427 Application for Variance Phone: (208) 523-5600 Fax: (208) 535-0087 , Representing Com any: •.,7„ciA__, Contact Name: 0) re...c--1 \JAI) Vv. Phone:(e7 —.).. ),--09-s-?) Address: \,./ \ICI() S - Fax: Cit : ' 4,„ , Owner ltik)rrnation ( II -other than Applicant) Name: i..-c74-5.%;z4v\ State: Zi•: ..-W 110 6 Phone: --d-v----s. -R--.):- -.1-t'it Address: Cts- ei.d \-- 1.,-i''n.. '..) •,----, Cit : Site Address: State: ..rd 4:60/ 947, ‘ . 5 74Y_sa e Z : 6,77/i ‘eye4.2./ Current Zone: 0 a7 ...5?'.5d t /.64;25 Zis Legal Description: (i.e. Addition. Division No.. Lot. Block) 1 Nature tir IZccluest APPLICATION ACCEPTED BY: /X(2,,,,,,,,,,,x7„,-4/ DATE: /"? 4, ,,,,r; fe,x, APPLICATION FEE RECEIVED: AO -, j j DATE: ' A /T. 24z, " NOTICE PUBLISHED: Date: Ace/ 2' ''' 14/7,, SITE POSTED: / Date: / / z-'.. 24,/,' NOTICE TO RESIDENTS: Date: .//1›,7 le DAT, 0 RING: ,,,, rv,e ,,,c,„ - ,,,, ei/„,r/t 7 /7,--d'.. ./ ;,,/4 2W,/ PERMIT APPROVED: ( ) PERM DENIED: ( ) (NOTICE OF DEC:10 LED ON: 0, CONDITIONS IMPOSED: ADDITIONAL SHEETS MAY BE USED AS NEEDED RESIDENTS NOTIFIED: CITY OF IONA PLANNING & ZONING The following conditions (11-14-2 of the Zoning Ordinance) must be fulfilled before a variance can be granted by the City Council. Showing that a variance is profitable or desirable for the owner and no harm will be done to others is not sufficient. Please explain how granting your request conforms to each of the requirements below. 1. A description of the physical characteristics of the site that causes a hardship. There are no physical Characteristics of the property that cause a hardship 2. A description of the hardship why applications of the provisions of this zoning ordinance imposes undue burdens upon the property owner. Due to the nature of cellular phone coverage and the service it provides the federal government has enacted laws that prevent local zoning Jurisdictions from prohibiting or effectually prohibiting cellular facilities as they are considered a form of public utilities. As the city of Iona does not have a provision that allows for cellular facilities a Variance is the only process available by which to request zoning approval for this type of project. Verizon is requesting a Variance to first allow a cellular facility in the zone and second to increase the allowable height in the zone. The zone currently allows for a 30' structure, both the City of Idaho Falls and Bonneville County which are the nearest jurisdictions with provision for Telecommunication facilities in their code allow 90' and 100' monopoles to be constructed in a commercial zone. Verizon is seeking a variance to allow something similar in height. . Evidence that the hardship was not caused by the owner, or previous owners, through their own actions. The hardship caused by the ordinance is not the cause of the owner or previous owner as it is caused by the ordinance itself having no set of criteria for which a facility can be considered or constructed. Blair Simmons 3129 N Foothill Rd Idaho Falls Idaho 83401 May 9, 2014 Iona City Council 3548 N. Main Iona, ID 83427 Subject: Petition for City Water I would like to petition the city council to allow for city water to be available for up to four lots on which new homes can be built. The ground is on the corner of Foothill and Iona Road. It is the pasture on the southwest side of the road above the top canal by Blair Simmons and Jack Edwards homes. Sincerely, ) / 1, LA. --- Blair T Simmons "Exhibit D" I I , 1, 3')* 9'',4 077, '-' 4 . fi. is r IN-Cti--t3- , • ; , • . ' ,•:f.f. 71F c.413"iFY .:91::34:.*::EfjtiC: • • ' . :.• ,fir., :fa rk SI F f 1:11yrItilN tit-44:M ' ttl czy ea- L . 1. • II - Edwae 4,440 '1-iosio4 • 4 - 5- ac143'1 .etz.1 ti earth feet' 1000 meters 400 ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF IONA, IDAHO, AS CONTAINED IN CHAPTER 1, TITLE 10 OF THE IONA CITY CODE; DEFINING THE TERM "RIGHT- OF-WAY"; MODIFYING SECTION 10-1-4 OF THE IONA CITY CODE RELATING TO PLATTING; MODIFYING SECTION 10- 1-7 OF THE IONA CITY CODE RELATING TO REQUIRED FRONTAGE ON A PUBLIC STREET; UPDATING APPEAL PROVISIONS IN SECTION 10-1-17; ADDING PROVISIONS TO CHAPTER 11, TITLE 11 OF THE ZONING ORDINANCE, ALLOWING FOR PRIVATE ACCESS ROADS TO PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 10-1-3 of the Iona City Code: Section 10-1- 3 of the Iona City Code is hereby amended as follows: 10-1-3: DEFINITIONS: ALLEY: A public way designed to serve as secondary access to the side or rear of lots having principal access on some other street. AGRICULTURAL Land used strictly for the cultivation of crops or for animal LAND: husbandry and which is held in tracts or parcels no smaller than ten (10) acres in area. AMENDED PLAT: A change in the plat of an approved or recorded subdivision that affects the layout of any street or area reserved for public use, or creates any additional lots. ANNEXATION A legal document or contract between the subdivider or AGREEMENT: developer and the City that sets forth the rights, duties, and obligations of all parties regarding each specific subdivision or development. BLOCK: A tract of land bounded by streets, alleys, parks, cemeteries, rights of way or other public boundary lines. "Exhibit E" BUILDING: BUILDING SITE: Any structure built for the protection, shelter, or enclosure of persons, animals, chattels, or property of any kind. An area upon which the developer proposes to erect or construct a building or make improvements to render the property suitable for the erection of a building, together with the surrounding land which is intended to be used in conjunction with such building or improvements. CITY: The City of Iona. CITY ENGINEER: The City Engineer duly appointed by the Council. COMMISSION: The Planning and Zoning Commission of the City as it presently exists or as may be adopted or amended hereafter. COMPREHENSIVE The Comprehensive Plan of the City. PLAN: CUL-DE-SAC: A local street with only one outlet and having a safe and convenient circuit for traffic reversal. DEDICATION: The setting apart, acceptance and confirmation by the City Council of land or an interest in land for use by the public. DEVELOPER: A person who subdivides or proposes to subdivide land, whether as an owner or an agent of an owner. EASEMENT: The use of a designated part of property, authorized by the owner, for another, in perpetuity. FRONTAGE: That side of a lot abutting on a street from which primary pedestrian access to public streets and sidewalks is made. GRADE: The slope of a road or street expressed as a percentage amount. IMPROVEMENT: Any alteration to, or construction upon real property, which increases the value or utility of the land. INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A septic tank, seepage the sewage disposal system, or any other sewage treatment device not connected or intended to serve more than one building, or connected to any other public or private sewage system. -2- LOT: A tract, plot, or portion of a subdivision or other parcel of land of sufficient dimension and area to meet the zoning requirements for lot size. LOT, CORNER: A lot situated at the intersection of two (2) streets. MODEL HOME: A dwelling unit used for display purposes which typifies the kind of units to be constructed in a subdivision. OPEN SPACE: An area open to the sky that is exclusive of streets, buildings, or other covered structures. OWNER: Any person, group of persons, partnership, association trust, corporation or other legal entity having legal title to, or an interest in, the land proposed to be subdivided. PLAT, FINAL: PLAT, PRELIMINARY: PLAT, SKETCH: PUBLIC IMPROVEMENT: PUBLIC WAY: RE -SUBDIVISION REPLAT: The final drawing of the subdivision, including all dedication and acknowledgments thereon, which conforms to the provisions of this chapter. The preliminary drawing or drawings, indicating the proposed manner or layout of the subdivision, including but not limited to, street layout and design, lots, blocks and proposed zoning. A sketch prior to the preparation of a preliminary plat, or final plat in the case of a short subdivision, with no dedication, used for the purpose of generally discussing the proposed subdivision and any applicable requirements. Any drainage system, road, curb, sidewalk, off-street parking area, sewer or water system or any other facility for which the City may assume responsibility, or which may affect improvements which are presently the responsibility of the City. A right-of-way for use of motor vehicles that has been dedicated to the public for public use and accepted by the City Council. Public dedication and acceptance shall be evidenced by a plat approved by the City Council in accordance with the provisions of this Chapter or by a public dedication accompanied by a written resolution of the City Council accepting such dedication. A change in the plat of an approved or recorded subdivision OR that affects the layout of any street or area reserved for public use, or which creates any additional lots. -3- RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, sidewalk, railroad, public utility, or other similar public use. SALE OR LEASE: Any immediate or future transfer of ownership or any reversionary interest in land, including a contract of sale, whether by deed, contract, plat or other agreement. SETBACK: The required distance between a building and a property line. STREET: The entire width between the boundary lines of a public way. STREET, DEAD-END: A street or portion thereof, with only one point of ingress and egress. SUBDIVISION: SUBDIVISION POLICY: The division of land into five (5) or more lots, for the purpose of sale, lease or development, including any re -subdivision of land. The procedures and policies for administering and processing a subdivision application, as may be adopted by ordinance or resolution of the City Council, which policy implements the provisions of this chapter. VARIANCE: A modification of the strict application of this chapter. Section 2. Amendment of Section 10-1-4 of the lona City Code: Section 10-1- 4 of the Iona City Code is hereby amended as follows: 10-1-4: PLATTING: (A) Platting Required: No person shall subdivide or re -subdivide any piece, parcel or tract of land, situated within the City or within one mile outside the City limits, or sell, lease or convey any subdivision or portion thereof, within said area, without first filing a plat approved by the City in conformity with the requirements of this chapter. Notwithstanding the foregoing, any plat situated within an officially designated area of City impact as provided for in Section 67-6526, Idaho Code, shall be subject to the terms and provisions of any area of the City impact agreement between the City and Bonneville County. (B) Exclusions: Platting shall not be required for: 1. A bona fide sale, division or partition of land intended strictly for use thereafter as agricultural land. The intent to construct, as evidenced by a request fora building permit, a residence, apartment commercial or industrial -4- building or other nonagricultural building or buildings upon such tract of land, shall be deemed sufficient evidence that the land described in the application for a building permit is no longer agricultural and shall immediately subject such land to the requirements of this Chapter. 2. An allocation of land in settlement of an estate of a decedent or a court decree for the distribution of property. 3. An involuntary sale of land as result of legal condemnation as defined and allowed in the Idaho Code. 4. A widening of existing streets to conform to the comprehensive plan or by authority of the City. 5. The acquisition of the street right of way by a public agency in conformity with the comprehensive plan. 6. An exchange of land for the sole purpose of straightening property boundaries or enlarging any existing lot, and which does not create additional lots. (C) Amended Plat, Re -subdivision or Replat: Whenever a developer proposes to re - subdivide, replat, or amend the plat of an approved or recorded subdivision, the developer shall file a new application for a subdivision and such application shall be processed in the manner set forth in Sections 10-1-13 10-1-14 through 10-1-16 of this chapter. (D) Plat Specifications: All final plats shall comply with Idaho Code Section 50-1304, and such other regulations established by the City Engineer which are reasonably necessary to assure legibility, permanency, clarity, reproducibility, accuracy, uniformity and neatness of the plat. The map drawings shall be at a scale of one inch equals one hundred feet (1" = 100'). The plat shall also contain such information as is necessary to determine compliance with the provisions of this chapter. The City Engineer shall, upon request, make available a written copy of all such regulations. Section 3. Amendment of Section 10-1-7 of the lona City Code: Section 10-1- 7 of the lona City Code is hereby amended as follows: 10-1-7: LOT IMPROVEMENTS: (A) All lots shall be arranged so that all lots meet all qualifications necessary to secure a building permit. -5- (B) Lot dimensions shall conform to the minimum standards in the Zoning Ordinance. All lots shall have at least eighty-five feet (85') of frontage upon a dedicated street. Frontage for lots located on a cul-de-sac shall be measured at the front set -back line. (C) All lots shall have full frontage on, and access to, a dedicated street or alley or shall have access to a dedicated street or alley through a private access road approved in accordance with the provisions of section 11-11-26 of this Code. (D) Adequate provisions shall be made for soil preservation, drainage patterns, and debris and waste disposal and collection. (E) Side lines of lots shall be at, or near, right angles or radial to the street lines. All corner lots shall have a minimum radius of twenty feet (20') on the property line. (F) All property within the subdivision shall be included within a lot or area dedicated for public use. (G) All residentially zoned corner lots shall be a minimum of ten percent (10%) larger in area than the average area of all similarly zoned lots in the plat or subdivision under consideration, unless such average lot area is greater than 25,000 square feet. If less than ten (10) such lots are shown in the subdivision or plat under consideration, then the City Engineer may use other plats or subdivisions within the surrounding area to calculate the average area of all similarly zoned lots within the vicinity of the property under consideration. Section 4. Amendment of Section 10-1-17 of the Iona City Code:_ Section 10- 1-17 of the Iona City Code is hereby amended as follows: 10-1-17: ADMINISTRATION: (A) City Engineer: The City Engineer shall administer the terms and provisions of this chapter and receive and process all subdivision applications. (B) Subdivision Policy: The City Engineer may adopt a subdivision policy to more specifically implement the terms and provisions of this chapter, provided, however, such subdivision policy shall be consistent with the express provisions and intent of this chapter. All applications for approval of a subdivision shall comply with the terms and provisions of the subdivision policy. (C) Variances: The City Council may; grant a variance to the terms and provisions of this chapter. A variance may be granted only upon an express finding that all of the following conditions exist: -6- 1. There are special circumstances or conditions affecting the property such that a strict application of this chapter would clearly be impracticable or unreasonable. 2. Strict compliance with this chapter would result in extraordinary hardship, as distinguished from mere inconvenience, to the developer because of the particular physical surroundings, shape, or unusual topography of the developer's property, and will substantially preclude development of the property. 3. The circumstances for which the variance is sought are unique to the property and are not applicable to other properties similarly situated. — 4. The variance is the least deviation from this chapter necessary to mitigate the hardship. 5. The granting of the variance will not be substantially detrimental to the public safety, health, welfare or will not substantially injure other property adjoining the property for which the variance is sought. 6. The variance is not otherwise contrary to law. 7. The conditions necessitating the variance were not caused by or in any way arise from the actions of the developer. (D) Appeals. Any applicant denied a permit or aggrieved by a decision, may, within sibtwenty-eight(6928) days after all remedies have been exhausted under this chapter, seek judicial review pursuant to the procedures set forth in Section 67- �21through (g)67-6513 and Section 67-521 G67-6521, Idaho Code. Section 5. Adoption of Section 11-11-26 of the Iona City Code. A new section 11-11-26 of the Iona City Code is hereby adopted as follows: 11-11-26: PRIVATE ACCESS ROADS: (A) Notwithstanding the provisions of section 10-1-7(C) of this Code, lots located within any residential zone may derive access to a public street through a private access road, provided a permit is first obtained from the City Council in accordance with the provisions of this subsection. (B) Permits shall be granted only upon the following conditions: 1. Such access easement shall not be less than twenty feet (20') in width. -7- 2. The surface of the access road shall not be less than twenty feet (20') in width throughout the entire length of such road and shall be comprised of a graveled surface containing not less than four inches (4") of crushed three- quarter inch (3/4") aggregate gravel or a paved surface comprised of not less than two inches (2") of asphalt over four inches (4") of three-quarter inch (3/4") crushed gravel. 3. The applicant shall construct and post at the entrance of such private access road to a public street a clearly visible sign containing letters not less than two inches (2") in height, reflecting the street address of such residence. Such sign shall also contain the words "Parking on Private Roadway Not Allowed." The applicant shall also keep such sign in a good state of repair. 4. Private gates shall not be permitted or constructed across such private access road at any time. 5. The location and distance of the lot served by such private access road shall comply with all fire codes and public safety codes, relative to the nearest distance to a fire hydrant. (C) The applicant or owner of such lot shall at all times keep and maintain the surface of such private access road in good and passable condition, including keeping the roadway plowed and free of obstruction from snow and ice. Failure to maintain the road or sign in such condition or failure to fully comply with the terms and conditions of such permit, shall be deemed an infraction under this Code. Section 6. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Section 7. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 8. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow -8- the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 9. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 2014. ATTEST: Julie Hammond City Clerk (SEAL) Brad Andersen Mayor -9-