HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_07022008PLANNING AND ZONING MEETING JULY 2, 2008
IONA COMMUNITY CENTER
PRESENT: Chairman Jerry Hansen, Board members Bruce Case, Adrian Beazer, Jared
Wight
VISITORS: Lucretia Larsen, Julie Carlisle, Roger Gundert, Roy Hobbs
Jerry Hansen called the meeting to order and the pledge was said.
PUBLIC HEARING CURTIS LARSEN CONDITIONAL USE PERMIT 8:00 P.M.
Curtis Larsen is requesting a conditional use permit in order to have an apartment in the
basement of his home as a rental. His home is zoned R1 single family dwelling.
Jerry asked if Curtis Larsen was present, he was not his mother was there on his behalf.
Curtis could not attend he had a new job and did not want to ask for time off. Roger
Gundert asked to speak. Jerry told him he could. Roger is the neighbor in back of Curtis
Larsen's house. Roger said that he was very upset that he had to come to the public
hearing. He said that he supported the prior homeowner having a rental due to a hardship
situation and that as soon as she sold the house the new owner (Curtis Larsen) should not
have rented part of his house as an apartment. Roger said he was angry because Curtis
has been doing so for the last year and a half, Roger said he told Mr. Larsen that he was
not allowed to rent an apartment in his home right after Mr. Larsen bought the home. Mr.
Gundert said that if Mr. Larsen was approved that he would take the matter to court.
Jerry Hansen explained that Mr. Larsen had the right to ask for a public hearing and that
this was the process of going through the hearing. Jerry asked if Mrs. Larsen had any
comments. Mrs. Larsen stated that Mr. Larsen had bought the house and then moved to
Utah and is now back. Bruce Case asked if Mr. Larsen was living in the house now, Mrs.
Larsen said that he was. Bruce Case asked if there was a time that Mr. Larsen had both
the basement and the top floor of his house rented at the same time. Mrs. Larsen said
there was not, he only rented the basement. Jared asked what the reason was that Mr.
Larsen wanted to have an apartment. Mrs. Larsen said that he needed help paying the
mortgage. Bruce read the section in Iona's code book to Mrs. Larsen regarding a
conditional use permit. Bruce explained that such request would not warrant a hardship.
Jared Wight asked how far away from an R2 zone was the home. They looked on the map
and saw that the nearest R2 was about '/z mile away. Jared explained again, that a
conditional use permit was for specific circumstances like Bruce had read from the code
book. Jerry asked if there were any more comments, there were not. Jerry entertained a
motion from the commission. Jared Wight made a motion to not approve the request for a
conditional use permit on the grounds that it is not a hardship situation. Jerry Hansen
seconded the motion. All were in favor.
Motion carried.
Mrs. Larsen was advised to appear before the Iona City Council on July 15, for final
review.
Public hearing closed at 8:25 p.m.
Minutes from last months meeting were reviewed and approved. Jerry returned Brian
Stutzman's code book and comprehensive plan book.
Julie Carlisle asked about the possibility of purchasing a home on the corner of Rushton
Cr. and 41 st. she wanted to turn the home into a bed and breakfast. The home is zoned
R1. Bruce explained the terms of a conditional use permit to Mrs. Carlisle. Jared
explained that her choices were to qualify for a conditional use permit or try to get the
home rezoned. Jared advised Mrs. Carlisle to get the requirements for a conditional use
permit from the City office. Bruce advised Mrs. Carlisle to look at the R1 regulations and
miscellaneous use regulations and explained that the use needed to fit into the
requirements for that zone.
Jerry introduced Roy Hobbs to the commission and said that Roy was interested in
joining the Planning and Zoning Commission. Jerry asked why he would like to join Roy
said that he thought that he would add value to the commission. Roy said that he had
worked with the Cities of Rexburg and Rigby and had worked for Skidmore Construction
for 25 years. Jerry reminded the commission of his (Jerry's) retirement. Bruce Case said
that he was retiring very soon too and it would be good to get some new members to have
some experience before he leaves.
Jerry entertained a motion from the commission to approve Roy Hobbs. Jared made a
motion to approve Roy Hobbs to the Planning and Zoning Commission. Bruce seconded
the motion. All were in favor.
Motion carried. The approval will go before the City Council for final approval.
Robyn gave Brian Stutzman's code book to Roy.
Bruce talked about all the variance requests they had received and proposed to change the
side set back requirements for RA, R1 and R2 to 5 feet for out buildings only, not homes.
The change would not affect RT.
Jared made a motion to approve changing the side set back to 5 feet for out buildings on
RA, R1 and R2 zones. Jerry seconded the motion. All were in favor.
Motion carried. The request will go before the City Council for final approval.
Jared said that he would like to see more structure during a public hearing. Jerry
commented that the public hearing that night got off to an unstable start. Public hearing
procedures information was passed out to all members.
Bruce suggested the commission choose a new chair person. The commission discussed
the issue and Bruce made a motion to approve Jared Wight as the new chair person for
the Planning and Zoning Commission. Jerry seconded the motion. All were in favor.
Motion carried.
Jerry asked Robyn to put Roy Hobbs on the agenda for City Council's final approval.
Adrian expressed concern with the City's impact area and said that if the county
approved every division that was proposed then the City of Iona would come up short for
service. Roy asked if John Price was on the sewer district. Adrian suggested inviting John
to the next P/Z meeting
Jerry expressed concern with consistency in code enforcement and said that Ryan's
cabinet shop did not have fire protection. Bruce said that the City is doing all it can right
now. Jerry asked about the possibility of a code enforcement board. Traffic control was
discussed. It was suggested to park the police car out in the public view just to slow
people down.
Jared asked if Robyn could email the agenda a few days before the meetings. Robyn said
she would.
Jerry asked if there were any more items for discussion, there were not. Jerry made a
motion to adjourn. Bruce seconded the motion.
Adjourned at 9:45 p.m.
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July 2, 2008
To: Iona Idaho City Council
The Iona Idaho Planning and Zoning Commission recommend's that you make the following code
changes concerning side and rear yard setbacks for accessory uses.
City Code of Iona Title 11 Chapter 3 Section 11-3-7 (Residential Agricultural R-A Zone)
Second sentence reads: "No accessory building shall be built within ten (10) feet of the side or
rear property line.
Proposed change to read: "No accessory building shall be built within five (5) feet of the side or
rear property line.
City Code of Iona Title 11 Chapter 4 Section 11-4-9 (Single Family Residential R-1 Zone)
Second sentence reads: "No accessory building shall be built within ten (10) feet of the side or
rear property line.
Proposed change to read: "No accessory building shall be built within five (5) feet of the side or
rear property line.
City Code of Iona Title 11 Chapter 5 Section 11-5-8 (Residential R-2 Zone)
Second sentence reads: "No accessory building shall be built within ten (10) feet of the side or
rear property line.
Proposed change to read: "No accessory building shall be built within five (5) feet of the side or
rear property line.
No change recommended for the Residential Townhouse R-T Zone.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission for the
City of Iona will conduct a public hearing for the purpose of considering an application
for a conditional use permit filed by Curtis Larsen, seeking to operate a basement
apartment in his home, which is zoned R-1; single family dwelling, located at 3574
Denning Avenue, Iona, Idaho. The hearing will be conducted on July 2, 2008 at 8:00 p.m.
in the Iona Community Center located at 3548 North Main Street, Iona, Idaho. A second
public hearing will be scheduled for the evening of July 15, 2008 at 7:00 P.M. at the Iona
Community Center with the City Council for final approval if so recommended by the
Planning and Zoning Commission.
All interested citizens are invited to attend and provide public comment regarding
such conditional use permit. A copy of the application may be obtained by contacting the
City Clerk at 3548 North Main Street, Iona, Idaho.
Dated this 13th day of June, 2008
Robyn Keyes
City Clerk
Publish: Fifteen (15) days prior to hearing date.
APPLICATION FOR C'ONDITTONAL USE. PERMIT
CITY OF IONA
(64 5 ) . RESIDING AT 5-3 7 / Oenrttni.
(MAILING ADDRESS ), IONA, ID. 83427
AM/ARE. APPLYING FOR A CONDITIONAL USE PERMIT FLURSUANT TO TIIIE.
HAN-UfkCT64?FD H-(}I-IS I NG ORDINANCE # FOR THE CITY OF
IONA IDAHO.
(PLEASE DETAIL TUE REQUEST FOR THE CONDITIONAL USE PERMIT)
air ti is �. Zarsew 601,) ocaoq
(PETITIONER) ( PHONE NO.)
ATTACH: A) $50.00 ADMINISTRATIVE FEE
I!) SKETCH OR DRAWING OF THE. CONSTRUCTION PROJECT
C) SIGNED IRREVOCABLE OPTION FORM.
D) PROOF OF MANUFACTURED HOME MEETS THE
ORDINANCE SPECIFICATIONS
RETURN THIS APPLICATION FORM TO THE IONA CITY OFFICE
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CITY COUNCIL MEETING AUG. 20, 2003 AT 6:30 P.M. AT THE IONA
COMMUNITY CENTER
PRESENT: Mayor, Craig Rockwood, Council members -Mike Klingler, Brad Andersen,
Scott Long, Treasurer, Ron Nelson, Clerk, Betty McKinlay
VISITORS: Robyn Keys, Jim Walker, Darrin Guthrie, David and Jake Morrow, Barbara
Schreier, Brenda Denning, Cindy and Richard Monson, Susan Nielsen, Roger Gundert
Mayor Rockwood welcomed everyone and called the meeting to order. The pledge was
led by Mayor Rockwood.
The minutes from the previous meeting were viewed and approved. Council member
Scott Long motioned and Council member Brad Andersen seconded. All were in favor.
The Public Hearing on the Budget was open at 6:45 p.m. The Council viewed the budget
and the hearing was closed at 6:55 p.m.
The Council approved the Annual Appropriation for the fiscal year beginning Oct. 1,
2003 for the amount of $623,706.00. Council member Brad Andersen motioned and
Council member Scott Long seconded. All were in favor.
The Annual Law Enforcement Agreement was discussed and approved. There is no rate
increase. Council member Brad Andersen motioned and Council member Mike Klingler
seconded. All were in favor.
The Finance report was viewed and discussed. The expense report was viewed and
approved. Council member Mike Klingler motioned and Council member Scott Long
seconded. All were in favor.
The Public Hearing on the Conditional Use Permit for Brenda Denning was open at 7:05
p.m. Mrs. Denning would like to convert her basement into an apartment to supplement
her income. People within 300 ft. were notified by letter. Mr. Darrin Guthrie represented
Mrs. Denning. He discussed how the basement would be laid out. There was some
discussion from the citizens. Mr. Roger Gundert and Mrs. Susan Nielsen approve of the
apartment, but only for the time Mrs. Denning lives there. Mr. Jim Walker voiced his
opinion about not having restrictions in the past and wondered if the Council could
enforce restrictions now on other people. Mayor Rockwood explained that years ago
Iona did not have zoning laws, but we do now and he is concerned about havin a multi-
family dwelling in the middle of an R-1 Zone. rs. Denning explained that she would
never sell it as a multi -family dwelling. She would only rent to two or three people. Mr.
David Morrow asked what would happen if Mrs. Denning went ahead a put the apartment
in without the Council's approval. Mayor Rockwood said that he hoped she was honest
and wouldn't.
Council Brad Andersen motioned to table the Hearing until Council member Dave
Huntsman was present. If it is tabled then we need to have another Public Hearing.
There was no second on the motion. The Council discussed hardship cases and
restrictive time allowance. Mr. Jason Monson asked questions about the apartment.
Council member Brad Andersen motioned to close the Public Hearing. Time: 8:00 p.m.
Council member Mike Klingler motioned to approve the Conditional Use Permit based
upon a hardship case. Mrs. Denning is recovering from cancer, heart problems and she is
a widow. Then review the permit in one and a half years. If Mrs. Denning sells the
home then the Conditional Use Permit is revoked. Council member Scott Long
seconded.
Roll call as follows:
Aye: Council member Mike Klingler
Council member Scott Long
Nay: Council member Brad Andersen
Motion carried.
Mayor Rockwood discussed getting a new snow plow blade for the truck. He will look
over the budget.
Mayor Rockwood asked the County Library Board to consider our Iona Library and may
be help us. Council member Brad Andersen said that Bectel will see about getting a
grant for the Library by the end of August.
CH2M Hill is putting together some recommendations and figures for us to stop the water
leak in our water tank. Schiess & Associates wanted us to sign on the other water study
and Mayor Rockwood said he would talk to the Council. He said we will have no option
if we don't sign. If we sign it leaves the door open. Council member Mike Klingler
thought it would be good to check with CH2M Hill to extend the study.
The reimbursement on the forestry grant was discussed.
Mrs. Barbara Schreier discussed with the Council and Mayor the water that is standing in
front of her house every time the irrigation ditch is full.
Mrs. Robin Keyes showed a petition she had circulated for the street on Scoresby to be a
cul-de-sac. Mayor Rockwood said the Council would have a look at the plan. Mrs.
Keyes also asked about putting stop signs in. Mayor mentioned that law enforcement
would be the answer.
Mayor Rockwood showed the drawings that David Benton dropped off to him on the
property Rita Robertson is selling. The Council approved the division of the lots as
presented based on the condition that Mrs. Robertson would do the following: