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PLANNING AND ZONING COMMISSION MEETING FEBRUARY 10, 2010 6:30
P.M. AT THE COMMUNITY CENTER PUBLIC HEARINGS; ELLIS, CHICKENS;
MCARTHUR, CONDITIONAL USE PERMIT
PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, Lance Ellis,
and Clerk Robyn Keyes.
VISITORS: Mike Taylor, Bette Lovinus, Kathy McNamara, Terry McNamara, Sally
Price, Lynn McKinlay, Linda Hobbs, Eric Astel, Melanie Seneff, Eric Seneff, Craig
Marshall, Jonie Marshall, Stephanie Rockwood, Greg Orem
PZ Chairman Beazer welcomed everyone and led the Pledge of Allegiance.
Minutes. The minutes from the last meeting were reviewed. PZ member Hobbs made a
motion to approve the minutes. PZ member Garren seconded the motion. All were in
favor, minutes approved.
New Member Discussion. Chairman Beazer introduced Mike Taylor and explained that
Mayor Andersen had invited Mr. Taylor to be on the Planning and Zoning Commission.
The Commission members asked Mr. Taylor to tell why he was interested in the position.
Mr. Taylor said he liked Iona and the small town atmosphere. He understood that growth
was inevitable, and he wanted to help manage the growth. The Planning and Zoning
members talked with Mr. Taylor more about his interests and his vision for the City.
The Planning and Zoning members agreed to recommend the City Council approve Mike
Taylor as a Planning and Zoning member.
Planning and Zoning member Ellis recused himself for the public hearing 7:00 p.m.
Public Hearing 7:00 p.m.. A public hearing was held for Lance Ellis. Mr. Ellis was
asking for a conditional use permit for chickens. After holding the hearing and reviewing
the request, the Commission agreed to table Mr. Ellis' request and instead ask the City
Council to decrease the lot size for chickens from %2 acre to 1/3 acre or greater.
PZ member Hobbs made a motion to recommend to the Council to revisit the lot size for
chickens and change the required size from 1/2 acre to 1/3 acre or greater. PZ member
Garren seconded the motion. All were in favor. See appendix A for hearing minutes.
Public hearing closed at 7:15 p.m.
Planning and Zoning member Ellis re joined the Commission 7:1 S p.m.
Old Business. The windmill ordinance was discussed. The Commission agreed to adopt
by resolution Bonneville County's windmill ordinance. Clerk Keyes asked Chairman
Beazer to bring a copy of the ordinance into her office for the Council to adopt.
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Clerk Keyes reminded the Commission that they needed to perform their annual review
of the comprehensive plan. Chairman Beazer said he would like to review the code book
as well for necessary changes.
Public Hearing 7:30 p.m. A public hearing was held for Dennis and Linda McArthur.
The McArthur's were asking for a conditional use permit to allow people other than their
family to live in their home with them and help pay the living expenses. After holding the
hearing and reviewing the request, the Commission agreed to table the McArthur's
request for further deliberation. The McArthur's request will be revisited at the next
planning and zoning meeting in March. See appendix B for minutes. Public hearing
closed at 8:30 p.m.
The Commission member thanked Mr. Taylor for staying throughout the meeting. Mr.
Taylor asked if he would be asked the same questions at the Council meeting. Clerk
Keyes said he would not, the Council would just consider the Commissions
recommendations.
PZ member Hobbs made a motion to adjourn. PZ member Garren seconded the motion.
All were in favor.
Adjourned 8:40 p.m.
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APPENDIX A
PUBLIC HEARING 7:00 P.M. ELLIS, CHICKENS
PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, and Clerk
Robyn Keyes.
VISITORS: Lance Ellis, Mike Taylor, Bette Lovinus, Kathy McNamara, Terry
McNamara, Sally Price, Lynn McKinlay.
Planning and Zoning Chairman Beazer welcomed everyone, and went over the procedure
for the public hearing. Chairman Beazer then invited Mr. Ellis to present his case.
Mr. Ellis said he was the County extension educator for Fremont County, which included
teaching poultry education in Bonneville and Bingham as well. Mr. Ellis said currently he
had to keep the chickens for his education classes at his parent's farm, which added an
hour to his commute. Mr. Ellis asked for a conditional use permit to keep the chickens at
his home in Iona. Mr. Ellis said he had just underl/2 of an acre of property and could
easily meet the setback requirements for the chicken coop.
PZ chairman Beazer asked how many chickens Mr. Ellis would keep at a time. Mr. Ellis
said he would have approximately 8 hens and up to 20 chicks, but he would only have the
chicks for less than a week at a time because they would be given away as part of the
education.
PZ member Hobbs asked what Mr. Ellis would do with the waste. Mr. Ellis said he would
compost the waste.
PZ chairman Beazer asked if anyone in favor of the request would like to speak. Bette
Lovinus was Mr. Ellis' next door neighbor, and said she was in favor of Mr. Ellis keeping
chickens on his property.
Mr. McKinlay asked where the property was located. Mr. Ellis said he lived on Freedom
Circle in Mountain Ridge Estates.
PZ chairman Beazer asked if anyone that was neutral would like to speak, no one did.
PZ chairman Beazer asked if anyone that was against would like to speak, no one did.
PZ chairman asked if anyone else had a comment. Sally Price said people should be
allowed to do what they want with their property as long as it didn't bother the neighbors.
PZ chairman Beazer closed the public portion of the hearing and opened the discussion to
the Commission members.
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PZ member Garren said since most of the lots in Iona were 1/3 acre he was in favor of
changing the lot size from %2 acre to 1/3 acre or greater to accommodate more people and
avoid continued conditional use permit hearings.
PZ member Hobbs agreed that according to the survey about the chickens, the majority of
the people were in favor of allowing chickens, and the majority of the lots were 1/3 acre
or greater.
PZ members Hobbs and Beazer were also in favor of changing the lot size.
PZ member Hobbs made a motion to recommend to the City Council that the allowable
lot size for chickens be changed from 'Y2 acre to 1/3 acre or greater to include the majority
of the people.
PZ member Garren seconded the motion. All were in favor. Motion carried
Public hearing closed 7:15 p.m.
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APPENDIX B
PUBLIC HEARING 7:30 P.M. McARTHUR, CONDITIONAL USE PERMIT
PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, Lance Ellis,
and Clerk Robyn Keyes.
VISITORS: Mike Taylor, Bette Lovinus, Kathy McNamara, Terry McNamara, Sally
Price, Lynn McKinlay, Linda Hobbs, Eric Astel, Melanie Seneff, Eric Seneff, Craig
Marshall, Jonie Marshall, Stephanie Rockwood, Greg Oram
Planning and Zoning Chairman Beazer welcomed everyone, and went over the procedure
for the public hearing. Chairman Beazer then invited Mr. and Mrs. McArthur to present
their case.
Mr. McArthur said he was requesting a permit to allow tenants in his basement for the
benefit of the tenant and the McArthur's. Mr. McArthur presented signatures of all of his
adjacent neighbors that approved of the permit. The only neighbor that did not sign the
letter was Mr. Seneff. Mr. McArthur also read letters of approval by two of his neighbors,
and a past tenant. (See attached letters). Mr. McArthur explained that he did not offer his
home as a means to make money, but rather to help young people out financially. Mr.
McArthur said his home is open to the people that live there, and they help out with the
living expenses. Mr. McArthur said the house was built with a self contained basement,
but he has never had a rental agreement with any of the tenants.
PZ member Beazer asked if there would be off street parking. Mr. McArthur said there
was.
PZ member asked if anyone that was in favor would like to speak.
Stephanie Rockwood said she was in favor of the McArthur's opening their home for
tenants. Mrs. Rockwood was living in the basement of the McArthur's and grateful for
the opportunity to save money.
Craig Marshall said he lived next door to the McArthur's and was in favor of the permit.
Mr. Marshall said the McArthur's were good people.
Greg Orem said he lived in a situation like the McArthur's when he was first married,
which helped him save money for his own home. Mr. Orem said he was not in favor of
apartments in neighborhood, but was alright with a situation like the McArthur's.
PZ chairman Beazer asked if anyone that was neutral would like to speak, no one did.
PZ chairman Beazer asked if anyone that was against would like to speak. Terry
McNamara said the McArthur's asked for rezoning in 2000 and were denied, and they
asked for a conditional use permit in 2008 and were denied. Mr. McNamara said he liked
the McArthur's and agreed they were good people, but was against multifamily dwellings
5
in single family zoning. Mr. McNamara said if the City allowed Mr. McArthur to have a
multifamily dwelling, then that would open the door for other people to do the same thing
and he did not want high density housing in Iona.
Kathy McNamara asked the McArthur's if they were renting now. Mr. McArthur said he
was not renting now. Mrs. McNamara said that Mrs. Rockwood just said she was living
in their basement. Mr. McArthur said he did not have a rental agreement with her and he
did not charge rent, she just helped with the living expenses. Mrs. McNamara said Mr.
McArthur was blatantly disregarding the ordinance. Mrs. McNamara said that Mr.
McArthur was using the City Attorney for consultations.
Eric Seneff agreed with Mr. McNamara, and said this was the third time they had been
asked to appear for a public hearing for the same thing. Mr. Seneff also said he liked the
McArthur's and had nothing personal against them. Mr. Seneff said he did not want
multifamily dwellings to take over the area like it had in some areas of Idaho Falls like
North Water Street.
Mr. McArthur said he had talked with an attorney, not the City Attorney, and spent hours
looking up the Fair Housing Act and in this country you cannot tell people how many
other people they can have in their homes.
PZ chairman Beazer asked those opposed what conditions they would want to see applied
if the McArthur's were granted the permit.
Mr. McNamara asked if there would be a definition between renting and letting someone
stay in the house in exchange for paying the expenses. Mr. McNamara suggested it was
the same thing if money was exchanged.
Mr. McArthur asked Mrs. Rockwood if he had offered her the option of paying rent. Mrs.
Rockwood said he did not. Mr. McArthur said he offered Mrs. Rockwood the option of
helping with the household expenses.
The public portion of the hearing was closed and discussion was opened to the
Commission.
PZ member Garren said according to the code for conditional use permits the McArthur's
did not fall under a hardship, or necessary situation. The only category PZ member
Garren could place the McArthur's permit under would be a boarding house.
Joanie Marshall asked what the definition of a boarding house was. No one was sure what
the definition was.
PZ member Ellis suggested finding the definition of a boarding house and resolving the
issue.
6
PZ Garren said he can understand both sides of the situation. He agreed what the
McArthur's were doing was a good thing, but he was concerned about how it affected the
people around the McArthur's. PZ member Garren was also concerned with the
precedence that would be set under the circumstances with the McArthur's.
PZ member Hobbs said the other conditional use permits that had been issued were for
hardship cases. PZ member Hobbs said he wanted to uphold the integrity of the
neighborhood and R-1 zone.
PZ member Ellis agreed with the precedence that would be set, and that economically
many people might want to enter into the same situation.
PZ chairman Beazer opened the public portion of the hearing back up. The chairman
again asked those opposed what conditions they would like to see applied if the permit
were granted.
Mr. McNamara agreed that the definition of a boarding house needed to be explained.
Mrs. Seneff said her home was big enough for a boarding house and she said that might
open the door for a lot of people to begin renting their homes out as such.
Mr. McArthur said precedence has already been made, and the Fair Housing Act allows
people to open their houses up for boarding.
Mrs. McNamara said she was not opposed of the McArthur's renting their home, she was
opposed of the fact that he had been doing it when he had been told by the City that he
was not allowed. Mrs. McNamara said the Council should follow the rules the same as
everyone else, and in fact be held to a higher standard. Mrs. McNamara is opposed to the
McArthur's doing something they were told they could not do.
Mr. McArthur said he was not doing anything wrong.
PZ chairman Beazer noted that the overwhelming majority of the people involved and
notified were in favor of allowing the McArthur's to open their home to other people.
PZ member Hobbs made a motion to postpone the public hearing with the City Council
next week to deliberate and gather more information regarding boarding houses, and the
circumstances that other conditional use permits have been granted.
PZ member Ellis seconded the motion. All were in favor. Motion carried. The next
meeting for the McArthur's conditional use permit would be March 10 at 7:00 p.m.
Public hearing closed 8:30 p.m.
7
January, 2010
We, the undersigned, understand that Dennis and Linda McArthur are applying for
a variance that would allow them to have non -family live in their basement at 3652
Dayton in Iona. We are either immediate neighbors or live on the same block, and
we do not object to their sharing their house with non -family as long as the
conditions described in their last proposal are met:
1. House and grounds are maintained in accordance to the ordinances of Iona.
2. Adequate off street parking is provided as per Iona parking ordinances.
3. The household will pay two water assessments for all months the basement
is used by non -family guests.
4. At no time will the upstairs be rented at the same time as the basement.
As long as these and all other City ordinances relating to residence usage are met,
we approve of this request by Dennis and Linda McArthur.
Printed name Signature Address Date
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January, 2010
We, the undersigned, understand that Dennis and Linda McArthur are applying for
a variance that would allow them to have non -family live in their basement at 3652
Dayton in Iona. We are either immediate neighbors or live on the same block, and
we do not object to their sharing their house with non -family as long as the
conditions described in their last proposal are met:
1. House and grounds are maintained in accordance to the ordinances of Iona.
2. Adequate off street parking is provided as per Iona parking ordinances.
3. The household will pay two water assessments for all months the basement
is used by non -family guests.
4. At no time will the upstairs be rented at the same time as the basement.
As long as these and all other City ordinances relating to residence usage are met,
we approve of this request by Dennis and Linda McArthur.
Printed name Signature Address
Date
Nam,x �C���,�k CDL1i9 AvoYm ?=`-7.-, %v
Planning and Zoning Commission,
We are writing this letter in reference to the variance Dennis and Linda McArthur are
asking for with regards to renting their basement apartment to non family member
tenants. As long as specific limitations are maintained Craig and Joanie Marshall are in
favor of allowing this exception.
• Dennis and/or Linda McArthur MUST be residents at this address at all times
during this allowance.
• Variance MUST end the day Dennis and/or Linda McArthur are no longer
residents at this address.
• Tenants should be respectful of neighbors as well as city regulations.
• "Rent" collected by the McArthurs should be within reasonable limits.
• Vehicles should be parked in off road spaces provided by the McArthurs.
• This exception should be reapproved yearly or as circumstances change.
Thus far thus McArthurs have been exceptional neighbors, and have allowed wonderful
people to share living expenses with them. They are not looking to turn this home into a
duplex. Rather they are looking to help good people get on their feet by providing a nice
place to live at an affordable rate. The McArthurs are not looking to set precedence as
the precedence has been sgt by others in the community.
Regards, /(
Craig and Joanie Marshall
City of Iona Conditional Use Permit Application
Property Owner: Dennis and Linda McArthur Phone: 208-529-69:97
Property Address3652 Dayton Mailing Address: PO Box 221, Iona, ID 83427
In the space below or in an attached narrative, describe the proposed use. Include
information regarding present use of property, activities to be included, building and
structures to be used, adjacent land use, equipment to be operated, hours of operation,
outside storage, number of employees, facilities to accommodate the public, and other
information required by the Planning and Zoning Commission and City Council.
We wish to be awarded a conditional use permit for an R2 zoning with the same
conditions that all of our neighbors agreed to the last time we brought this before the P
and Z Commission and City Council. We want this permit so we can assist those in need
of temporary housing assistance by allowing them to share our home while they assist us
in maintenance and upkeep.
I hereby certify that the above application and all attachments are true, correct, and
complete to the best of my k�nowledgei and belief.
Signed �� �%� J%W'
Si ed 4444&2--, �✓' ,,�,�,`%i� Date /
Please include any required plans or sketches.
eiN
2
To whom it may concern,
I am a neighbor of Dennis and Linda McArthur and have no objection to their being granted a permit to
allow others to live in their home. We have had no problems whatsoever with people they have had
there in the past and in fact have become good friends with them. As a matter of fact, we have a close
friend who is now a good contributing member of society thanks in part to Dennis allowing her to stay
there at a loss to him while she was getting back on her feet. There are no parking concerns, noise
concerns or any other negative issues which would cause me to not want them to have this permit.
Bart Stoddard
3676 Dayton Street
Iona, ID 83427
208-524-3981
�` .%-"ri
r'"
February 9, 2010
Iona Planning and Zoning Committee
Dennis and Linda McArthur have came and advised me that they are seeking permission
to start collecting some rent for their basement apartment to help pay the expenses
incurred by those who occupy the residence. I would like the committee to know that as
one of their neighbors that our property borders theirs. I do not see any problem with
them charging rent for their apartment. I have talked at great length with Dennis and
Linda about this issue and feel that this will not be a problem for any of us as their
neighbors. I feel very confident that they will have a very strict screening process for
potential renters due to the fact that the renters have access to their home and personal
belongings. I do not see any reason why they should not be able to collect some expense
money.
Sinc rely
i
Aol L
,�.
To the City of Iona
We had the privilege to live in the Mcarthur's basement for the first year and a
half of our marriage. This was so helpful for our family because we were able to save up
enough money so that my husband could go back to school and do what he really wanted
to do, which turned out to be very helpful considering that while we were living there he
was laid off. The Mcarthur's were so good to us we were able to use there garden in the
summer which really helped us out with our grocery budget, we got a place to park in the
garage, and in turn we helped them by, watching the house when they left town, watering
the garden, and my husband was able to help Dennis with electrical issues in the home.
Our rent was very low I know that the Mcarthur's were not making money off us living
there, there is nowhere else that we could have got as much square footage with utilities
included for the price we paid. Which tells you that they use there basement to help
others not to make money off them. Dennis talked to us everyday about saving our
money so that we can buy our own home someday. It was a blessing for us to find this
place. My father grew up in Iona and I was excited that we were going to live in his
home town; I was able to get to know people that went to school with my father which
meant a lot to me. We were very active in the church and held callings that worked with
the youth of Iona. My husband went to mutual on Wednesday's to work with the youth.
We actually would like to buy property out in Iona when my husband's job permits this.
Had we not lived there we would never have known about Iona or that it was somewhere
we would like to call home someday. I know after getting to know the Mcarthur's that
they are the most helpful and generous people I have ever met, I will forever be grateful
to them for helping us out while we were newly married and working on saving money to
better our lives. Even to this day we call the Mcarthur's when we need help with
anything. I ask you to please allow the Mcarthurs to continue to help others and let
young married couples like us to benefit from the basement living they provide.
Sincerely,
David and Stephanie Perez
96011) 2.31-71
Z /3 ( l0
/io
PUBLIC NOTICE
The City of Iona's Planning and Zoning Commission has scheduled a public hearing on
the evening of February 10, 2010 at 7:00 P.M. at the Iona Community Center, which is
located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider
a Conditional Use Permit by Lance Ellis. A second public hearing is scheduled for the
evening of February 16, 2010 at 7:10 P.M. at the Community Center with the City
Council for final approval if so recommended by Planning and Zoning.
If approved, the permit would allow Lance Ellis to keep chickens in his back yard,
located at 4758 Freedom Cricle, which is zoned R-1, single-family dwelling. Currently,
chickens are only allowed in the back yard of properties with %2 acre or more.
If you have any comments concerning this request, they will be considered at the public
hearing. Comments may be made in writing, but must be received by the City Clerk
before the public hearing.
Dated this 25th day of January, 2010
Respectfully yours,
j60'1"
RobyrYKeyes, u
City Clerk
Publish: Fifteen (15) days prior to hearing date.
PUBLIC NOTICE
The City of Iona's Planning and Zoning Commission has scheduled a public hearing on
the evening of February 10, 2010 at 7:30 P.M. at the Iona Community Center, which is
located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to
reconsider a Conditional Use Permit by Dennis and Linda McArthur. A second public
hearing is scheduled for the evening of February 16, 2010 at 7:25 P.M. at the Community
Center with the City Council for final approval if so recommended by Planning and
Zoning.
If approved, the permit would allow Dennis and Linda McArthur to allow non -family
members to live in their home with them in exchange for help with paying for the cost of
the monthly upkeep of the home.
If you have any comments concerning this request, they will be considered at the public
hearing. Comments may be made in writing, but must be received by the City Clerk
before the public hearing.
Dated this 25th day of January, 2010
Respectfully yours,
-17P
Robyn Keyes,
City Clerk
Publish: Fifteen (15) days prior to hearing