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HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_03102010PLANNING AND ZONING COMMISSION MEETING MARCH 10, 2010 6:30 P.M. AT THE COMMUNITY CENTER PUBLIC HEARINGS McARTHUR CONDITIONAL USE PERMIT; CHICKENS LOTS SIZE PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, Mike Taylor, and Clerk Robyn Keyes. ABSENT: Lance Ellis VISITORS: Terry McNamara, Kathy McNamara, Dennis McArthur, Linda McArthur, Stephanie Rockwood, Rod Rockwood, Linda Hobbs, Joe Probert, Marsha Probert PZ Chairman Beazer welcomed everyone and led the Pledge of Allegiance. Clerk Keyes said Lance Ellis recused himself for the entire meeting to avoid conflict of interest with the public hearings scheduled. Clerk Keyes said she had found several definitions of Boarding House and all definitions said a place where rooms and meals were offered. PZ member Taylor said he learned at the Planning and Zoning Workshop that even if neighbors and neighborhoods were alright with certain situations, the City needed to look at what was best for the community as a whole. Minutes. The minutes were reviewed. PZ member Garren made a motion to approve the minutes. PZ member Hobbs seconded the motion. All were in favor. Motion carried. Minutes approved. Ordinance review. The commission members discussed the need to review The Code Book and recommend any changes to the Council. The members agreed to review Title 1 and discuss any changes at the next meeting. Public Hearing. A public hearing was held for Dennis and Linda McArthur. The McArthur's were asking for a conditional use permit to rent the basement of their home. After holding the hearing and reviewing the request, the Commission recommended to the Council to deny the McArthur's request for a conditional use permit. See appendix A for hearing minutes. Public Hearing. A public hearing was held to decrease the minimum lot size allowed for chickens from %z acre to 1/3 acre. After holding the hearing, the Commission recommended to the Council to approve the minimum lot size decrease. See appendix B for hearing minutes. PZ member Garren made a motion to adjourn. PZ member Taylor seconded the motion. Adjourned 7:40 p.m. 1 APPENDIX A PUBLIC HEARING 7:00 P.M. McARTHUR CONDITIONAL USE PERMIT PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, Mike Taylor, and Clerk Robyn Keyes. ABSENT: Lance Ellis. VISITORS: Terry McNamara, Kathy McNamara, Dennis McArthur, Linda McArthur, Stephanie Rockwood, Rod Rockwood, Linda Hobbs. Planning and Zoning Chairman Beazer welcomed everyone, and went over the procedure for the public hearing. Chairman Beazer then asked the McArthur's if they had anything further to add from the last hearing. Mr. McArthur said he wanted to clarify some rumors; Mr. McArthur said he originally applied for a duplex, and was denied so he went on to build his home with an apartment in the basement for his daughter and her family to live in. When his daughter moved out he then decided to open his home up for other people. Mr. McArthur said all of his neighbors were in support of them renting their basement to other people. Chairman Beazer asked if anyone in favor of the permit would like to speak. Stephanie Rockwood said she was the McArthur's tenant and that she was grateful for the opportunity to live in the McArthur's home and pay less rent. She said the McArthur's have brought in good people to the community. Chairman Beazer asked if anyone that was neutral would like to speak, no one did. Chairman Beazer asked if anyone that was against the request would like to speak. Terry McNamara said he wanted to reiterate that Mr. McArthur was trying to justify what he was doing by renting his home illegally. Mr. McNamara said that only 2 conditional use permits had been allowed by the City for rentals, and those were because of hardships involved. Mr. McNamara said the City would be going against what had been set in place. Mr. McArthur said precedence was not being set, the City can issue permits on an individual basis. The public portion of the hearing was closed and the discussion was opened to the Commission. PZ member Garren said he had spent a lot of time thinking about this hearing and looking into other permits that had been issued. PZ member Garren agreed the other permits were 2 issued because of a hardship, and the McArthur's situation was not a hardship. PZ member Garren said he did believe precedence would be set because other people would want to do the same thing as the McArthur's. PZ member Garren said he was against granting the McArthur's a conditional use permit. PZ member Hobbs said that under the current ordinance, what the McArthur's were doing was not allowed, and until the ordinance was changed he was against granting a conditional use permit to the McArthur's. Chairman Beazer agreed that precedence would be set and was against granting the permit. PZ member Taylor said that even though there were special economic circumstances, the McArthur's did not show a hardship, and was against allowing the McArthur's to have a rental in their home. PZ member Taylor made a motion to recommend to the City Council to not grant the McArthur's request for a conditional use permit to operate a rental in their home. PZ member Garren seconded the motion. All were in favor. Motion carried. Request denied. Public hearing closed 7:18 p.m. 3 P4 rs APPENDIX B PUBLIC HEARING 7:30 P.M. DECREASING THE LOT SIZE FOR CHICKENS PRESENT: Chairman Adrian Beazer, Members; Roy Hobbs, Dan Garren, Mike Taylor, and Clerk Robyn Keyes. ABSENT: Lance Ellis. VISITORS: Joe Probert, Marsha Probert. Planning and Zoning Chairman Beazer welcomed everyone, and went over the procedure for the public hearing. Chairman Beazer said since the Probert's were the only people in the audience he asked if they would like to say why they were present. The Probert's said they lived at 5411 Free Ave. they have 1/3 of an acre and they would like to have chickens. The Commission members agreed that the original recommendation to the council was for 1/3 of an acre and would like to see the minimum lot sized changed to be more inclusive of the majority of the City's residents. Clerk Keyes said since the ordinance was approved there had been three requests for hearings, two because of lot size. PZ member Garren made a motion to recommend to the City Council the minimum lot size for chickens is decreased from %2 acre to 1/3 acre, or greater to include more landowners and reduce the amount of conditional use permit requests. PZ member Hobbs seconded the motion. A11 were in favor. Motion carried. 4 PUBLIC NOTICE The City of Iona's Planning and Zoning Commission has scheduled a public hearing on the evening of March 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 consider decreasing the minimum allowable lot size for homeowners to have chickens from 1/2 acre to 1/3 acre. A second public hearing is scheduled for the evening of March 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 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 no later than seven (7) days before the public hearing. Dated this 23rd day of February, 2010 Respectfully yours, Robyn Keyes, 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 March 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 reconsider a Conditional Use Permit by Dennis and Linda McArthur. A second public hearing is scheduled for the evening of April 27, 2010 at 6:00 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 26th day of February, 2010 Respectfully yours, Robyn Keyes, City Clerk Publish: Fifteen (15) days prior to hearing 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, G/ Craig and Joanie Marshall