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Council Minutes 05/03/1984 April 19, 1984 May J, 1984 262 Mayor pointed out that he checked the School Board minutes and the City was not mentioned as being involved in getting the ditch covered several years ago. Claims to pay in the amount of $14,134.57 and vouchers for expenditures since the pre- vious meeting totaling $7,100.79 were presented and approved. A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Monson; voting was all in favor; the meeting was adjourned at 9:15 P.M. ATTEST, L~ CI T1 CLERK ~11.~ M OR I CITY OF AMMON May 3, 1984 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor Russell N. Swensen with the following City Officials present: Mayor Russell N. Swensen Councilman Merle J. Quigley Councilman Robert D. Williamson Councilwoman Carol A. Dille Absent: Councilman Thayle D. Monson Others present during the meeting were Margaret Cuda, 240 Ronglyn, Idaho Falls; Judy Yela, 387 Montcliffe, Idaho Falls; Lee Dille, 3095 Central Ave., Ammon; and Tim Ingram of the Volunteer Fire Department. The pledge of allegiance to the flag was directed by Councilman Quigley and the invo- cation was given by Councilwoman Dille. The first item of business was a public hearing on an application for variance filed by Margaret Cuda, the owner of a parcel of residential property located on the north side of Molen Street between Central Avenue and Meadow Lane. Mayor Svrensen called attention to the procedures required for conducting a public hearing as required by law, and pointed out that the meeting had been properly advertised and notice was given to the adjacent property owners. It was noted that the lot, which is a portion of Lot 5 Block 9 Original Townsite, is 72 feet wide and is in the R-l Zone where the minimum width is supposed to be 80 feet, so a variance of 8 feet was being requested. Mrs. Cuda explained that she had acquired the property in lieu of a debt, and she would like to have the variance to make the lot saleable as a residential building site. Lee Dille stated that he is a neighboring property owner and wanted to go on record as being in favor of the proposal with no objections. It was also made a matter of record that a letter was received from Rex Purcell, who lives in Nevada but is the owner of the adjoining lot at 3415 Molen Street, registering objection on the basis that it would not be in the best interest of the adjacent property owners. There was discussion regarding the distance to the homes on each side and the location of an existing garage that is right up to the property line on the lot to the west, which is allowed by the zoning for a detached garage built 12 feet or more behind the house that faces on Central Avenue. Mr. Dille asked if the concerns of the Purcells could be eased by making a stipulation that there cannot be any variance given on setbacks when a building is put on the property. Further information presented by Mrs. Cuda indicated that the resident to the west wants to buy the land to use as it is without building on it but is not able to do so at this time and will not know for several months whether or not he can make the purchase. Hayse Whiteley pointed out as City Building Official that there would be no problem building a house as wide as 57 feet on a lot with 72 feet of frontage and still meet all of the front-yard, back-yard, and side-yard setbacks. There being no further comments, the hearing was closed. City Clerk Deon Hemingway Public Works Director Hayse Engineer David E. Benton Attorney W. Joe Anderson L. Whiteley I The Council members proceeded to deliberate on the variance request for Margaret Cuda, on which the public hearing was just completed. Councilman Williamson questioned whether a variance could be granted inasmuch as the property was part of a larger lot until fairly recently, and the City ordinance, Section 11-7-8-2(5) states that evi- dence must find that the hardship (in this case narrowness of the lot) "has not been caused by an action of the property owner taken after the effectiveness of this ordinance". Councilwoman Dille and Councilman Quigley reasoned that the narrowness had not been caused by action of the present owner who took the land in settlement of a debt, but was because of the division of the lot by those who had possession in the past. A suggestion that the owner try to buy additional footage on the west to make the lot wider was acknowledged to not be feasible since it would create a problem of . accessibility to the existing garage on the neighbor's land. Reference was made by I I ~ CD f'- o .-:( <( I I May 3, 1984 May 17, 1984 263 Councilman Williamson to the letter of objection from the adjacent property owner on the east which he felt should have influence on the decision, and he also stated that City Ordinance Section 11-3-10 makes it clear that the width should have been looked at before the property ownership changed to make a legal lot. It was moved by Council- man Quigley and seconded by Councilwoman Dille that a variance of 8 feet (on the width of the lot described as the East 72 feet of the West 188.5 feet of the South 100 feet of Lot 5 Block 9 Original Townsite of City of Ammon) be granted as requested. The possibility of including a condition that no variances in the required setbacks would be allowed when a structure is built on the lot was discussed, and it was decided that this could not be done. Voting on the motion was Quigley yes, Dille yes, Williamson no, (Monson absent); the motion was carried and the variance approved. Councilman Quigley reviewed matters concerning the parks and swimming pool. According to Attorney Anderson, the hearing on the current Utah Power & Light Company rate-increase case will start on June 4 in Pocatello. Councilman Williamson reported on his attendance at a recent civil defense seminar on disaster preparedness. Regarding the Bonneville Fire District, Councilman Williamson mentioned that the Fire District officials have indicated that they are preparing a reply to the letter sent to them several weeks ago, and he offered the information as a matter of interest that the City of Idaho Falls has already set a precedence for providing mutual aid fire protection to other areas by having an agreement with the Idaho National Engineering Laboratory site. Additional details about plans to have a new aerial map made were presented by Engineer Benton. With reference to the notice sent out about abating the nuisance which resulted from a fire at 3125 Rawson Street, Public Works Director Hayse Whiteley noted that the job has been about fifty percent completed; and Councilman Quigley, as the property owner, explained his need to have an extension of time. Following a discussion regarding how much additional time was appropriate, it was moved by Councilman Williamson and seconded by Councilwoman Dille that the Public Works Director be authorized to give an extension until June 1, 1984, on the abatement of a nuisance at 3125 Rawson Street and that the abatement include everything to the foundation or basement. Voting on the motion was Williamson yes, Dille yes, Quigley abstain; Mayor Sw'ensen' s vote to break the tie was yes; motion carried. Mayor Swensen called attention to a letter of resignation effective July 1 submitted by Acting Fire Chief Douglas Brinkman. Regarding a workshop which he attended sponsored by State Insurance Fund on the subject of workers compensation, Mayor Swensen reported that the information presented was helpful for establishing safety programs and that films are available for showing to employees. He commented on answers received from the two U. S. Senators in response to letters sent expressing concern about changes being considered in the formula used by Bonneville Power Administration for power ex- changes which would affect the electricity rates for residents in Ammon. Claims to pay totaling $7,308.11 and vouchers for disbursements for payroll, etc., since the previous meeting in the amount of $5,433.40 were presented and approved. A motion to adjourn was made by Council woman Dille and seconded by Councilman Williamson; voting was all in favor; the meeting adjourned at 9:00 P.M. ATTEST: ~H-~~ ~ K__ _._L CI~Y CLERK /-"'''--'-T7 CITY OF AMMON May 17, 1984 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Council President (Acting Mayor) Thayle D. Monson with the following City officials present: Council President Thayle D. Monson City Clerk Deon Hemingway Councilman Robert D. Williamson Public Works Director Hayse L. Whiteley Councilwoman Carol A. Dille Engineer David E. Benton Councilman Merle J. Quigley Absent: Mayor Russell N. Swensen Others present during the meeting were Neil and Eja Allen of 2735 Salmon Stre1et, Annette Turner of 2715 Salmon Street, Mr. and Mrs. Kelly McKinlay of )620 Vaughn Street; also Tim Ingram and Jim Crumb of the Volunteer Fire Department. The pledge of allegiance to the flag was directed by Councilman Quigley and prayer was given by Acting Mayor Monson. Minutes of the meeting of April 19, 1984, were approved as prepared. The first item of business was a public hearing on an application for a variance sub- mitted by Neil and Eja Allen, 2735 Salmon Street, to be allowed to construct an attached garage w'i th a sideyard of 5 feet instead of 7t feet as. specif~ed in the zoninK ordin?-nce for an R-l Zone. It was noted that the notice of publlC hearlng had been pubIlshed ln