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Council Minutes 9/12/2006 (204) I I I Book 7-257 January 4, 1990 CITY OF AMMON January 4, 1990 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7: 30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Acting Public Works Dir. David Wadsworth Fire Chief Cal L. Smith City Clerk Aleen C. Jensen Others present were: David Beckman, The Post-Register Hazen T. and Guila Olsen, 3210 East Sunnyside Road, Ammon Rick Williams (City employee) 360 N. Monte Vista Avenue, Idaho Falls Rex B. and Ileen Purcell, 3415 Molen Street, Ammon Shawn Going (Scout) Roger Stommel (Scout Leader) 3620 Taylorview Lane, Ammon Brandon Hart (Scout) Adam Farmer (Scout) M. DeLynn Hansen, 3165 Western Avenue, Ammon Merle Quigley, 2905 Western Avenue, Ammon Hayse L. Whiteley, 3200 Midway, Ammon Russell N. Swensen, 2660 Central Avenue, Ammon ElDean Milligan, 3260 Romrell Lane, Ammon Ben Patterson, 3110 Molen Street, Ammon Stanley W. Cramer, 3040 South Ammon Road, Ammon Dorian R. Crow, 2675 Romrell Lane, Ammon Melvin and Donna Rosen, 2985 Meadow Lane, Ammon Lester E. Hope, 3240 Central Avenue, Ammon Ruth, Emily, and Dustin Ard, 3420 Senoma Circle, Ammon Kay and MarJean Reiman, 3155 Rawson Stsreet, Ammon Glenn Blatter, 3240 Molen Street, Ammon The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Crandall. City Clerk Aleen C. Jensen administered oaths of office to the following officials elected at the November 7, 1989, municipal election: Mayor C. Bruce Ard (four year term) Councilman Harvey L. Crandall (two year term) Councilman Michael B. Browning (four year term) Councilman Marvin J. Anderson (four year term) Councilman Browning moved to December 7, 1989, as written. call vote: Browning - Yes; motion carried unanimously. approve the minutes of City Council Meeting held on The motion was seconded by Councilman Maeser. Roll Maeser - Yes; Crandall - Yes; Anderson - Yes. The Mayor Ard reooened the discussion tabled on December 7, 1989, on the request of Kay and MarJean Reiman for a Special Use Permit to move on a double-wide mobile/manufactured home on the property and increase the size of their already non-conforming use. At the December 7 hearing, all of the testimony given was in favor, and Mayor Ard asked if anyone desired to present testimony against the request. Attorney Anderson was asked to research the issue in order to advise the Council on possible actions that would conform with the state laws and City ordinances. The attorney prepared the following letter: Application was made to the City for the granting of a special use permit to allow replacement of a manufactured home structure on a location where there is presently existing a manufactured home. The present manufactured home exists under the nonconforming use which was utilized prior to the adoption of the zoning ordinance. The present request is to replace such manufactured home, which is a single-wide unit, with another double-wide unit, which would be essentially twice the floor space and size. The Planning and Zoning Commission rej ected the application for the special use permit and it proceeded to a hearing before the City Council sitting as a Board of Adjustment. State of Idaho Local Planning Act The State of Idaho adopted the Local Planning Act, which is contained 258 January 4, 1990 in Chapter 65 of Title 67 of the daho Code. Local government units of cities and counties are mandatedlto exercise the powers as conferred in the Chapter to accomplish the' purposes expressed in protecting property rights and enhancing proper y values. Cities may adopt additional require ents in their planning and zoning, but cannot oppose those which are ex res sed in the State Code. Cities are required to have p1anni g and zoning commissions, adopt a comprehensive plan and conduct the 1anning duties for the governmental unit. The provisions for adoption, amendm nt or repeal of any plan or zoning ordinance are provided within the Code and these provisions must be followed as to the necessary hearing and procedures. I Special or Conditiofa1 Use Permits The City may provi~e, as part of i s zoning ordinance, for processing applications for special or condit ona1 use permits. A special use permit may be gran~ed to an app1ica t if the proposed use is otherwise prohibited by the i terms of the 0 dinance, but may be allowed with conditions under specific provision of the ordinance and when it is not in conflict with the plan. . The State Code requires hearings p ior to considering an application for special or conditional use an provides that conditions may be attached to a special use which wo 1d include, but not be limited to: I a. Minimizing adverse impact 0 other development; b. Controlling the sequence an timing of development; c. Controlling the duration of development; d. Assuring that development i maintained properly; I f. Requiring the provision for on-site or off-site public facilities or services; and I e. Designating the exact locat on and nature of development; g. Requiring more restrictive tandards than those generally required in an ordinance. Studies may be required of t environmental effects of the propose shall not be considered as estab1i other special use permits. A spec from one parcel of land to another. social, economic, fiscal and special use. A special use permit hing a binding precedent to grant a1 use permit is not transferable The ordinances of the City of Amm n also contain provl.sl.ons for the applicability of a ppecia1 or condit ona1 use permit. The Ammon Ordinanc~s in Section 11 conditional use permits. The 0 Adjustment to iSSUf a building pe for the use of Lind and use of determines is in hlarmony with the zone in which the use is located. 7-8 make provision for special or dinances authorize the Board of it and/or certificate of occupancy ui1ding, for use which the Board bj ects and characteristics of the The Idaho Code further provides each governmental unit shall provide the processing of app1icati ns for variance permits. The Code defines a variance as a modific tion of the requirements of the ordinance as to lot size, lot cove ge, width, depth, front yard, side yard, rear yard, set backs, parking space, height of buildings or other ordinance provisions affecting the ize or shape of a structure or the placement of a structure on lots, or the size of lots. A variance shall not be considered a right or a sp cia1 privilege, but may be granted to an applicant only upon a sho ing of undue hardship because of characteristics of the site and th t the variance is not in conflict with the public interest. Hearin s shall be held before granting a variance. I Variance The ordinance of the City also provi es for variances as follows: Janua~~o~, 719~O The Ammon Ordinances in Section 11-7-8 (2) make prOV1S1on for variance in the cases where there is an exceptional narrowness, shallowness or shape of a specific lot or parcel of land or by reason of peculiar topographical features or other special circumstances, peculiar to the particular lot or parcel of land that strict application of the terms of the Ordinance would deprive the owner of privileges commonly enjoyed by other properties of the same zone. Before a variance can be granted, there must be certain evidence and findings which are set forth. Nonconforming Use I The use of the single-wide manufactured home has been maintained as a nonconforming use, as having been in existence at the time the zoning ordinance was adopted. It is not in conformity with the building code, nor with the zoning. Nonconforming ordinances, as does Ammon's, allows for the replacement and rebuilding of a manufactured home on a nonconforming use, but does not allow an extension or enlargement of the area. A continuance of a nonconforming use which would expand or enlarge the area would require an amendment of our ordinance. The ordinances of other jurisdictions in this area seem to be quite uniform in providing that any enlargement or extension of the size of the structure in a nonconforming use would not be permitted. I believe a distinction could be made, if the ordinances were desired to be amended, that the use be determined by the type of use that is made rather than the size of the use. That is, if it is still to be used as an R-l family residence as a single family residence, that whether or not it was enlarged or extended would not change the use and therefore the nonconforming use would still exist and would still continue into the new or expanded area. Change of Zone I The ordinances of the City do provide for a zoning for manufactured homes. While the manufactured homes do not meet the Uniform Building Code, as adopted by the City of Ammon, there are provisions that allow this zone and, if constructed within that zone, they do meet requirements. This would require a zone change to allow manufactured homes in any present area of the City. This, possibly, could be accomplished with an overlay zone where manufactured housing zones would be allowed in an overlay in the certain area of the City and on such locations as they presently are situated. Change the Building Code to Allow HUD Approved Buildings to Conform If this were adopted, then the manufactured homes which meet HUD approval and inspection would qualify for placement within the City on the applicable zoning lot of R-l, R-2, etc. Possible courses of action for the Board of Adjustment would be as follows: 1. Do nothing, deny the request and let the ordinances continue as they are. I 2. Amend the zoning ordinances to allow a petition for a variance to come within the scope of the request. This would involve making a variance from a use standpoint rather than a physical, geographical fact and I think would be opposed to the concept of a variance. However, it is a possibility. This would require an amendment to the ordinances with the hearing procedures as set forth. 3. Grant the special use request as being in harmony with the characteristics of the zone and grant the request with conditions. This would require the abandonment of the nonconforming use. 4. Amend the zoning ordinances to allow a nonconforming use to be continued or enlarged to be within the scope of the request. This would require an amendment to the ordinances with the hearing procedures as set forth. 5. Change the zoning to allow manufactured housing in certain areas with the possibility of an overlay zone to meet the obj ects of the request. This would require a change in zoning with the hearing procedures. 260 January 4, 1990 6. Change the Building Code to manufactured housiqg to be placed within the City. rhis would requi the hearing procedute. (Letter - W. I I Councilman Maeser clarified option No. brought out a provision of our ordinance is determined to be in harmony with the 1 zone, a special use permit could only of ownership. Spokesman Rex Purcell brought out that is not necessarily for a Special Use Pe upgrade of this facility. allow HUD approved and inspected n appropriate zoned dwelling lots e amendment to the ordinances and oe Anderson - January 4, 1990) dealing with a special use permit. He not previously discussed. If the request bjectives and characteristics of the R- e granted if it did not survive a change petition or request of the Reiman's but for some mechanism to permit the I The Council and citizens discussed the 0 tions. Citizen input was received from Ben Patterson, MarJean Reiman, Merle Qu gley, Stanley Cramer, Rex Purcell, and Kay Reiman. It was suggested that the d uble-wide unit be inspected to determine whether or not it meets the Uniform Bu.lding Code. If it does meet code, that would eliminate the non-conforming use. ayor Ard recommended to the Council that Acting Public Works Director David Wad worth contact Steve Serr of Bonneville County to have him make an inspection t see if the unit in question meets UBC standards or what would be necessary to ring it in compliance with UBC. Reimans and the Council accepted the Mayor's re ommendation. Councilman Browning moved to table action on the request of Kay an MarJean Reiman for a Special Use Permit until Council Meeting o~ January 18, 199. The motion was seconded by Councilman Maeser. Roll call vote: I Browning - Yes; Maeser - Yes; Anderson - Yes; Crandall - Yes. The motion carried! unanimously. Annette M. Cowle and Christine P. McMic with the City Office for a home occu ati window tinting). The applicants were u Cowley discussed their request with the making appointments by telephone, work 0 and do not plan any signs. They plan t develops satisfactorily, they will pr Councilman Browning expressed concern ab no prob lem if they would agree to limi t to approve the application for a home oc by Annette M. Cowley and Christine P. McM parking. The motion was seconded by Coun Yes; Browning Yes; Anderson Yes unanimously. ael, 3616 Samuel Street, filed a request n ermit for Added Touch Unlimited (auto able to attend the meeting, so Annette Mayor on the telephone. They will be only one car at a time in their garage, try the business for a year and, if it bably look for a business location. ut parking on Samuel Street, but he saw the parking. Councilman Crandall moved upation permit for Added Touch Unlimited chael at 3616 Samuel Street with limited ilman Browning. Roll call vote: Crandall- Maeser Yes. The motion carried I Councilman Crandall moved to renew the etail store and retail beer license for the ear 1990 for Stokes Food Center, 2510 East 17th Street. The motion was seconded by Councilman Maeser. Roll ca I vote: Crandall - Yes; Maeser - Yes; Anderson - Yes; Browning!- Yes. The moti n carried unanimously. I ! Mayor Ard gave a State of the Cit messa During the 1989 fiscal year, the City made some good progress. Some major im rovements have been made in our Water Department. We worked on the second yea of our street improvement program. The Ammon Road proj ect is moving along. W won't see much visually, but lots of planning needs to be completed by fall. he Fire Department has made some positive improvements including completion of the Mutual Aid Agreement with Ucon, and they are working on a list of priorities. oals for the Council to think about and work on are--continue with the street imp ovement program, keep Ammon Road project moving forward, continue with upgrade of the wells, repair the roof of the City Building, and move the Fire Department t Well No. 7 as soon as possible. Other things to consider--appointment of the ublic Works Director, widening some of the roads in the old part of Ammon, tr ining of City employees, appointment of a Board of Adjustments, and appointme t of a cleanup committee. Mayor Ard I encouraged everyone to work together to u ite Ammon, and he expressed appreciation for the support given to him. Assignment will be made at a later meeting. Reports: Engineer Benton received a call received the flood plain information, bu Fire Chief Cal Smith reported on the Fi meeting with state repr,esentatives, the The purpose is to discu$s upgrading the fire rating. The meeti~g was scheduled P.M. Claims were approv~d. Councilman Councilman Maeser secon~ed the motion. ATTEST: aL~--/ (l CITY CLERK . ;;/t-~PL-) from Chuck Steele of F. E.M.A. He has he had not been able to work on it yet. De artment, and he discussed a special City Council, and the Fire Department. epartment, equipment, and improving our for Thursday, January 25, 1990, at 7:00 rowning moved to adj ourn the meeting. The meeting was adjo at 8:35 P.M.