HomeMy Public PortalAboutMinutes_Planning & Zoning Meeting_08132008PLANNING AND ZONING COMMISSION MEETING 8:00 P.M. AUGUST 13, 2008
IONA COMMUNITY CENTER
PRESENT; Chairman Jared Wight, Board members Adrian Beazer, Bruce Case, Brad
Bateman, Roy Hobbs City Clerk Robyn Keyes
VISITORS: Amber Vest, Natalie Williams, Janelle Fullmer, Sarah Long, Jeff Long, Lis
Lott, Angela Black, Richard Black, Austin Black, Craig Leigh, Jeff Hart, Julie Aicher,
Angie Huntsman, Dave Huntsman, Natalie Jenkins, Alan Jenkins, Debbie Stucki, Lamar
Stucki, Council member Dan Gubler
Chairman Jared Wight welcomed everyone and led the pledge of allegiance.
Public hearing 8:00 p.m. Janelle Fullmer requested a conditional use permit seeking to
build a garage/studio in the back of her property for the purpose of operating a dance
studio. The property is located at 3819 McKibben, Iona, Idaho. The minutes from the
hearing were recorded on a separate page (see appendix A). The request was denied.
Public hearing 8:45 p.m. Julie Carlisle requested a conditional use permit seeking to
operate a bed and breakfast type rental in the home located at 4949 41 st, Iona, Idaho. The
Carlisle's would like to install a commercial kitchen in the garage of the property as a
preparation space for their catering business. The minutes from the hearing were recorded
on a separate page (see appendix B). The request was denied.
P/Z members discussed the conditional use permit regulations in the code book. P/Z
member Beazer commented that the City of Iona adopted the regulations from Idaho
Falls and that IF has residential and commercial business mixed together in some places.
Beazer asked if Iona was going to be a community that stifles any kind of business except
on Main Street. P/Z member Case said that was not the case and that in both the Fullmer
and Carlisle situation, almost all of the neighbors were against the business and that the
public opinion needed to be considered. The commission agreed that the code book
needed to be tailored more for Iona's needs and that Iona possibly needed to expand the
commercial zone.
P/Z members discussed the procedure for a conditional use permit hearing and what is
stated in the code book regarding appearing before the City Council. The code book
stated that the applicant must go before the City Council and does not mention a hearing
before Planning and Zoning. The commission discussed the possibility of changing that
requirement in the case of a denied application so that the applicant would only need to
appear before the Planning and Zoning Commission and then appear before the City
Council if they chose to appeal the P/Z decision. The Commission agreed that legal
representation would be helpful during meetings and public hearings.
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Council member Dan Gubler had just attended the school district meeting and came in to
discuss the issue of busing. Council member Gubler stated that the school district would
not be busing children that lived 1 Y2 miles or closer to the school. Council member
Gubler discussed the issue with the P/Z members and asked them to help come up with a
safe solution for the children that would be required to walk to and from school.
The minutes from last months meeting was reviewed, one correction was made and the
minutes were approved. Chairman Wight asked if the public hearings could have separate
minutes from the regular meeting. Wight stated that by having the minutes separate, it
was easier to read and easier go right to the subject that needed to be referred to.
Chairman Wight also stated that if the City Council referred to the P/Z minutes, then the
minutes needed to be approved before they reached the City Council. It was decided that
Robyn would send copies of the minutes via email to each P/Z member for approval
before the City Council meeting.
Meeting adjourned 10:45
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APPENDIX A
PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008
IONA COMMUNITY CENTER
PUBLIC HEARING CONDITIONAL USE PERMIT REQUEST
JANELL FULLMER
8:00 P.M.
Janell Fullmer requested permission to build a shop for the purpose of a dance studio on
her property located at 3819 McKibben Lane, Iona, Idaho. Fullmer's property is zoned R-
1.
PRESENT; Chairman Jared Wight, Board members Adrian Beazer, Bruce Case, Brad
Bateman, Roy Hobbs City Clerk Robyn Keyes
VISITORS: Amber Vest, Natalie Williams, Janelle Fullmer, Sarah Long, Jeff Long, Lis
Lott, Angela Black, Richard Black, Austin Black, Craig Leigh, Jeff Hart, Julie Aicher,
Angie Huntsman, Dave Huntsman, Natalie Jenkins, Alan Jenkins, Debbie Stucki, Lamar
Stucki
P/Z Chairman Jared Wight explained the procedure for a public hearing and asked if
there were any questions, there were not.
Janell Fullmer showed the commission where the building would be located on her
property and explained that she would have classes Monday through Thursday from 3:45
p.m. to 6:30 p.m. and that her class size would be between 8 to 12 children per class.
Janell said that any class that had more than 12 students would be held at a different
location. Janell also said that in a couple of her classes some of the parents might stay
during the class, but that most of the classes the children will be dropped off. Janell said
that the building would be 20 feet from the set back and that the building will be sound
proof. Chairman Wight explained that the board was only there to review the conditions
of the requested use, which was to have a commercial business in a residential zone. P/Z
member Bruce Case asked how many classes would be offered each day, Janell answered
three.
Chairman Wight asked if anyone that was in favor of the permit would like to speak.
Natalie Williams said that she takes her child to Janell for dance and that there typically
is not much traffic.
Chairman Wight asked if anyone that was neutral had a question or comment. Jeff Long
asked what would happen if Janell had more than the allotted students at a time, who
would enforce the rules. P/Z member Bruce Case said that the City has a Code
Enforcement officer for those purposes and that the permit can be revoked.
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Chairman Wight asked if anyone that was opposed to the permit would like to speak.
Richard Black that he would like to have the Fullmers as his neighbors, but is opposed to
the permit and that he is concerned about increased traffic and noise. Richard said that the
covenance of the neighborhood does not allow commercial use and that he does not want
a business around his home. P/Z member Adrian Beazer asked Richard what kind of
conditions he would like to see for the permit. Richard said that he would not have a
problem with 1 or 2 students at a time, but not 10 to 12. P/Z member Beazer asked who
enforces the convenance of the neighborhood that they live in. Richard Black said that
there is an association that is in the process of choosing an enforcer. Chairman Wight
commented that it is not the City's duty to enforce covenance in neighborhoods. Jeff
Hart, Amber Vest, and Jeff Long all seconded what Richard Black had said. Jeff Long
added that he was concerned with the children's safety and wondered about ancillary
issues such as increased law enforcement. Jeff Long also said that he does not want to set
precedence for future commercial use in the neighborhood.
Chairman Wight asked if there were any other questions, there were not so he closed the
public portion of the public hearing and offered Janell an opportunity to rebut.
Janell said that she would abide by any conditions set and that she would suggest car
pooling and set a course for drop off and pick up to help ease the traffic issues.
P/Z member Beazer said that he agreed with the traffic concerns. Chairman Wight also
agreed with the traffic issues and said that there is difficulty in applying conditions for
traffic control. Chairman Wight suggested lowering or limiting the number of students.
P/Z member Roy Hobbs said that he was concerned with the liability that the City might
have upon issuing the permit and that there are other alternatives for commercial location.
P/Z member Brad Bateman was concerned with fire and emergency access. P/Z member
Case said since the area was zoned R-1, then in order to grant a conditional use permit,
the use needed to be essential or desirable and he did not see the use essential and
desirable was relative. P/Z member Bateman asked if the City can supercede the
covenance, Dave Huntsman stood up and said that state law says which ever entity is
more strict will supercede the other. Chairman Wight said that was correct, but when a
conditional use permit is the subject of a public hearing, those issues can not be used as a
legal basis to make a decision.
Chairman Wight asked if there were any further questions from the Commission, there
was not. Chairman Wight entertained a motion from the Commission. P/Z member
Bateman made a motion to deny the request for a conditional use permit based upon
public opinion. P/Z member Hobbs seconded the motion. All were in favor.
Motion carried. Conditional use permit denied.
Public hearing closed 8:40 p.m. Chairman Wight informed Janell that she had to go
before the City Council for final review on August 19`h
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APPENDIX B
PLANNING AND ZONING COMMISSION MEETING AUGUST 13, 2008
IONA COMMUNITY CENTER
PUBLIC HEARING CONDITIONAL USE PERMIT REQUEST
JULIE CARLISLE
8:45 P.M.
Julie Carlisle requested permission to turn a house located at 4949 41st, Iona, Idaho, into a
bed and breakfast with a commercial kitchen for use with their catering business, the
property is zoned R-1.
PRESENT; Chairman Jared Wight, Board members Adrian Beazer, Bruce Case, Brad
Bateman, Roy Hobbs City Clerk Robyn Keyes
VISITORS:, Lis Lott, Angela Black, Richard Black, Austin Black, Craig Leigh, Jeff
Hart, Julie Aicher, Angie Huntsman, Dave Huntsman, Natalie Jenkins, Alan Jenkins,
Debbie Stucki, Lamar Stucki, Ellie Winfield
P/Z Chairman Jared Wight explained the procedure for a public hearing and asked if
there were any questions, there were not.
Julie Carlisle handed out pictures of the house and property to the commission and
pointed out that operating a commercial kitchen falls under the miscellaneous guidelines
in the code book. Julie said that they wanted to prepare food for catering from the garage
and that a commercial kitchen would be installed. Julie said that they would not have
parties or be catering from the home. The only purpose of the home would be nightly
rental as a bed and breakfast. Julie also said that she only foresees renting the home 3 or 4
times per month and that there would not be a traffic increase. Julie said that she talked
with the sewer district and would install a flow receptor to catch any grease. The Carlisles
want to maintain the historical character of the home. Julie said that a delivery truck
would come once a week or every other week and that was the only potential problem she
could think of.
P/Z member Bruce Case asked what would take place with the commercial kitchen. Julie
said that she would only prepare dough and freeze it at the kitchen and the rest of the
catering would take place elsewhere. P/Z member Adrian Beazer asked what kind of fire
protection they had. Julie said that they would install what ever the health department
requested.
Chairman Wight asked if anyone that was in favor would like to comment, no one did.
Chairman Wight asked if anyone that was neutral would like to comment, no one did.
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Chairman Wight asked if anyone that was opposed would like to comment. Dave
Huntsman said that he lives at the end of the cul-de-sac and wants to keep the area quite,
the area is zoned R1. Dave said that a bed and breakfast would fall under the guidelines
of a boarding house and that a boarding house is not permitted in an R1 zone. Dave also
said that a home business is permitted without employees. Dave is also concerned about
the smoke form the Carlisle's wood fired oven for their catering business. P/Z member
Case asked if there was smoke and odor from the oven. Julie said that she only had to fire
up the oven for the health department inspection and that the oven was operated off
premises. P/Z member Brad Bateman asked if there was another description in the code
book that might better fit the use other than boarding house, there was not. Dave
Huntsman commented that a boarding house is not permitted for a conditional use and
that the alternative would be to rezone or spot zone the location. Chairman Wight said
that was not true, and that is the purpose of a conditional use permit, to use a property
under certain conditions. Angie Huntsman said that she does not want to start spot zoning
and she does not want increased traffic. P/Z member Beazer asked Angie how often does
she see a delivery truck and Angie said one every week or two. Alan Jenkins, Natalie
Jenkins, Lis Lott, Julie Aicher, and Ellie Winfield all agreed that they did not want
increased traffic or spot zoning. Lis Lott said that she was concerned with children in the
neighborhood and strangers renting the building. Natalie Jenkins said that the use was not
essential or desirable.
Chairman Wight offered Julie Carlisle the opportunity to rebut. Julie said that with the
stranger issue, you never know who might move in next door no matter what. Julie said
that she would talk to the delivery driver concerning his route and turning around. Julie
also said that she feels that the bed and breakfast service would add greatly to the
community.
Chairman Wight asked if there were any further questions or comments from the public,
there were not. Chairman Wight closed the public portion of the hearing and opened the
floor to the Commission.
P/Z member Case asked what sort of conditions the audience would like to see granted.
Ellie said that she does not want any conditions. Jeff Hart said that Ernie's would be a
good place for the Carlisles. Julie Carlisle said that she checked into the building and it
had sewer problems. Debbie Stucki said that she was in favor of the bed and breakfast
and did not think there would be increased traffic. P/Z member Bateman asked if the
Carlisle's rented the house out long term, what would they do with the kitchen. Julie said
that the commercial kitchen would go in the garage. Angie Huntsman commented that
there is not code enforcement in Iona regarding conditional use permits. P/Z member
Case said that the City is taking great effort to make changes regarding that issue. P/Z
member Hobbs said that he has concerns about commercial use in an R1 and he opposes
the permit. P/Z member Case said that a bed and breakfast is a good idea but the
desirability is limited due to the location. Chairman Wight agreed with Case. P/Z member
Beazer also thought the bed and breakfast would be an asset to the community but has
concern with commercial use in R1. Beazer commented that the City's code book was
adopted from a bigger city and that perhaps down the road our code book could be
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reviewed and formatted to better suit our city. P/Z member Case said that he is all for a
property owner doing what they want with their property, but not when it is opposing to
the neighbors.
Chairman Wight entertained a motion for the Commission. P/Z member Bruce Case
made a motion to deny the permit request. P/Z member Arian Beazer seconded the
motion. P/Z member Bateman said that he has known the Carlisles for 15 years and
requested to abstain from voting. Everyone else was in favor of the motion.
Motion carried. Request denied.
Chairman Wight informed Julie Carlisle that she still needed to go before the City
Council for final review on August 19th
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A PI L I CAT I ON FOR CONDITIONAL USE PERMIT
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NOTICE
A PLANNING AND ZONING
MEETING
WILL BE HELD
8:00 P.M. AUGUST 13, 2008
AT THE IONA COMMUNITY
CENTER
3 548 N MAIN ST.
I ONA, ID.
byn Keyes
City Clerk