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Council Minutes 07/02/1992 Book 7-435 June 18, 1992 July 2, 1992 Attorney Anderson agreed to research and advise the Council about what authority they have and what they can do. Then the Council needs to decide whether or not to do it. Attorney Anderson reviewed the appeal and procedures with the City Council. Councilman Hall moved to authorize legal counsel to issue a stop order on Building Permit No. B92-33 issued to Robert Oyler pending the hearing on July 2 provided it is determined that it is within our authority to do so. The motion was seconded by Councilman Anderson. Roll call vote: Hall - Yes; Anderson - Yes; Maeser - Yes. The motion carried unanimously. Hillcrest High School has scheduled an outdoor dance on the west side of the school for Friday, August 21, 1992. I Reports: Public Works Director Wadsworth reported that Terry Merrill, 3785 Georgia Lane, is building a storage building without a building permit. He asked the Council for direction about how to handle. It was agreed that Mr. Merrill should be advised he must purchase a permit by 4:30 P.M. on Friday, June 17, 1992, or a stop work order will be placed on the building. If a stop work order is issued, the cost of the permit will be doubled. Fire Department problems were discussed. The fire engine has been taken to Jerry Bergeman & Sons Auto Repair for repairs. Councilman Anderson discussed weeds on the ditches, playground equipment, and spraying the parks. Residents have expressed concern about what Richard Birch is doing with the property at 2865 South Ammon Road. Claims were approved. Councilman Anderson moved to adj ourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 8:35 P.M. ATTEST (/cLc~ (/ ..)~~ CITY CLE~ . I CITY OF AHMON July 2, 1992 Minutes of the Board of Adjustment Public Hearing and 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 Marvi.n J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall City Clerk Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Aleen C. Jensen Wadsworth I Others Present: *Lynda M. Nelson, 4345 I1een Circle, Ammon Kathy Dansie (Planning and Zoning COIT~ission Representative) *Dary1 and Holly Peterson, 4340 Mason Street, Ammon *Don and Donna Miller, 4450 Mason Street, Arr~on *Alan Stephens (Attorney for Mountain Valley Estates Property Owners) Robert and Ina Oyler, 1025 Merrett Drive, Idaho Falls Mike Hicks (Realtor) *Debbie Davis, 4445 Mason Street, Ammon *Mark and Shannon Scrogham, 4353 Mason Street, Ammon *Randy and Karen Sayer, 4430 Mason Street, Almnon Clea Fullmer, 2705 Sawtooth, Ammon *Duane L. Yost, 4100 Wanda Street, Ammon *Greg French, 4310 Wanda Street, Ammon *Shelby T. and Vicki Beattie, 4373 Mason Street, Ammon **Dr. Paul N. and Gerti Creighton, 2700 Wanda Street, Idaho Falls (Bonneville Co.) Mr. and Mrs. Rod Croston, 3020 Western Avenue, Ammon (* Residents of Mountain Valley Estates **Property is adjacent to and contiguous with Mountain Valley Estates but is in Bonneville County) The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Hall. 436 July 2, 1992 Mayor Ard opened the hearing of the City Council acting as the Board of Adjustment, and he explained the ground rules. During the hearing the following witnesses were sworn in to present evidence: Alan Stephens, David E. Benton, Robert Oyler, Mike Hicks, Shelby T. Beattie, Mark Scrogham, Paul Creighton, and Daryl Peterson. The purpose of the hearing was to consider an appeal to the Board of Adjustment from the issuance of Building Permit No. B92-33 issued to Robert and Ina Oyler for a garage on Lot 24, Block 3, Mountain Yalley Estates, Division No.1, First Amended Plat. Alan Stephens was the first to present evidence. "When I arrived I was given a petition by some more members of the community, and I'll turn that into the Board. "I'm Al Stephens. I'm an attorney in this area, and I live in Mountain Valley I Estates as well. I'm with the firm of Thomsen and Stephens, and our firm has been retained by several of the residents that live in Mountain Valley Estates. "After talking with my clients, we felt that even though most of these people here could easily speak to the Board tonight, they would all tell you basically the same thing. There is really no reason for that, and that's why I'm speaking for them. But they are here so that you can see that they mean what I'm saying. "The residents of Mountain Valley Estates are very concerned about their property and the property values. They have homes down there, and they want those homes to be continually increasing in value. They want a nice neighborhood. And as a result of that, they are concerned about the building of a garage, we assume that's what it is, on the corner lot down there without any other kind of a structure being built with the garage. "As I read the zoning ordinance that we all have to live by out here, the particular provision involved requires that in Mountain Valley Estates we are to have single family dwellings and accessory buildings. When I read the term accessory, it means accessory. You can look it up in any English dictionary. You do not have to go to a legal dictionary, and you don't have to look up any cases ... The word accessory means just what it means. It's something that adds to, an addition to some main part. You can't have an accessory until you have a main part ... By the very English definition of the term, we can't have an out building or a garage that meets the zoning ordinance of the City of Ammon until there is a main building. That is I very simply put, but that is the law not only by the plain English of the zoning ordinance but also by the cases that have interpreted similar ordinances around the country. Now Idaho does not have a lot of these kinds of decisions, but we cited Attorney Anderson some cases in other states that basically say that until you have the main building you can't have an accessory building. That's it. Nobody has to argue about that. It's plain English. "Getting back to the garage itself, there are some concerns about the fact that Mr. Oyler is going to build a large garage there. I know there are some other big garages around this City, but I found a case in another state where it says that unless you can show that this is a typical type of structure, accessory to a family dwelling, then it is not allowed under the zoning ordinance." Attorney Anderson was asked if he agreed with the interpretation of the zoning ordinance. He agreed that to have an acscessory building there must be a main building. However, as he interpreted Ammon's ordinance, he did not find any compul- sion that the home (main building) has to be built before the accessory building. As long as there is reasonable assurance that the main building will be built within a suitable amount of time, the accessory building could be built first. Or the accessory building could be built in conjunction with the main building. Mike Hicks spoke for Mr. Oyler. "I'm the agent selling lots in the subdivision these folks occupy. Mr. Oyler was working through me and with me at the time he purchased the lot after we'd searched the town for the location. At the time Mr. Oyler made his offer on the lot, and it's actually two lots (No. 24 and No. 25 on the plat), he was not interested in just purchasing a single piece of ground. He wanted a large piece of ground so he could have plenty of room to do what he wanted because he is building a large home. The building that he is building is designed to house a travel home because it is more appropriate to park a vehicle such as that inside a building rather than outside for protection of the vehicle as well as the physical aspect. Through a series of circumstances, special to him, liquidating some property belonging to parents, the loss of a parking building for his vehicle, and the desire to build another home in another location, they were just looking for a place. The reason they are trying to build this garage first prior to the building of their home is so they can get their stuff housed while under construction and previous facilities are no longer available. I have in my hands the initial set of drawings for the house. The Oylers' intention is to try to get a home started this fall so it's under roof prior to snow this winter. They'd like to have their vehicle housed, stored, safe, and keep from creating an eyesore by having to park that vehicle I I I I Book 7-437 July. 2, 1992 outside. In terms of what we did in preparation for the purchase of the ground, one of the conditions of his purchase agreement was that the building permit be able to be issued for the garage building prior to construction of his home. On May 5, I made an inquiry of the City Office regarding the order that these things had to be done and was told that so long as there was clear intention to build both structures that they would in fact issue a permit. We performed on the purchase agreement, and the City did issue the permit as they indicated they would. He has poured the concrete for the garage which alarmed the neighbors." It was brought out that the concrete was poured before the issuance of the stop order on the building, but after Mr. Oyler was notified that the neighbors had filed an appeal. Mr. Hicks also pointed out that Mr. Oyler is concerned in maintaining property values as evidenced by his investment, and his intention is to build a nice home to live in. Mr. Oyler plans to build his own home, but the garage has been contracted out to B & K Sales. It will take sixty to ninety days to complete the final plans for the home. The Council inquired if the property owners would be willing to accept some type of agreement, but Attorney Stephens advised they seriously want the City to enforce the zoning ordinance which says you can build an accessory building but you can't build it without a house being there. The people have taken a rather firm position. "Regrettably so. I think everybody would like to be friends and maybe someday will be but right not the battle lines have been drawn ... These folks sitting over there are very serious." Mr. Hicks stated he City has exercised. not build his garage believed the permit was issued based on general policy that the Mr. Oyler acted in good faith. If he had known that he could first, he would have purchased property elsewhere. Engineer Benton advised that the City's ordinances do not specify the sequence in which a home and an accessory building can or must be built. He also stated that the intent is important, and the Council needs reasonable assurance that the house will be built. He further discussed the definition of a lot and necessary setbacks. Kathy Dansie reported that she and Ron Folsom of the Planning and Zoning Commission had reviewed the building permit application, and they did not find anything in the ordinance that would require the permit to be denied. The Planning and Zoning Commission checks setbacks, square footage, and use. She pointed out that the ordinance states "no accessory building or group of accessory buildings in a residential zone shall cover more than 30% of the rear yard." They did not find any other limits on the size of an accessory building. Discussion brought out that the City is interested only in the structural part of the building, and the protective covenants are enforced by the residents of the subdivision. Also, discussed were sewer and water hookup fees, time limits on building permits, and building placement. Shelby T. Beattie asked for clarification of front yards, side yards, and rear yards. Kathy Dansie responded and included information on setbacks and the corner lot ordinance. Mark Scrogham expressed concern that the Council acting as the Board of Adjustment was leaning to some sort of a compromise. Many of those who live in the subdivision purchased their home from representation as to quality, maintaining. values, and covenants but they are not sure they got what they paid for. Now they ask the City to help protect their investment by enforcing the City ordinance. Paul Creighton stated that he believed if a person truly wanted to build a house that he would apply for the permit to build the house before he obtained a permit for the garage. Interactions between Mr. Oyler and the residents indicate one of disregard for concern and willingness to listen to the request for assurance there is a desire to have a positive impact on the neighborhood. The Council asked questions and discussed interpretation of the ordinance, evidence of intent, proceeding concurrently, reasonable assurance, and building permit requirements. Daryl Peterson stated in discussions with Mr. Oyler there wasn't a clear time frame for putting a house on the lot. He was concerned that something could happen to Mr. Oyler, and they would be left with an eyesore if a house wasn't built. The garage is an extremely large building, and it is questionable if there is enough room left for the house. He summarized the feelings of the neighborhood: (1) We are not convinced that the intention truly is to build a house because of the representation to us. (2) The house can't be put in the space that is allocated for it. (3) The ordinance isn't being met. 438 July 2, 1992 Mayor Ard advised that when the building permit was issued to Mr. Oyler, three additional conditions were attached. They deal with permitted use, storage of com- mercial vehicles in residential zones, and yard space for one building only. These conditions are spelled out in City Code 11-10-2, 11-5-17, and 11-5-2. Mr. Oyler signed to agree to comply with these conditions. Mayor Ard closed the hearing and asked for recommendations from the Council. Councilman Maeser stated a permit has been granted, an appeal has been filed, and there has been a stop work order. He asked for instructions from Attorney Anderson on the correct procedure to follow. Attorney Anderson advised there is a range of choices--"you can approve or deny the appeal, or grant the appeal and deny the building permit upon such conditions as you impose, or you could grant the continuation of the building permit and the certificate of occupancy thereafter upon I such time limit as you see it." Basically the decision must be made consistent with the findings of the Board and written findings of fact and decision served to the appellants. The Board has the right to deliberate before issuing their findings, and the decision does not have to be made tonight. The Council determined according to the wording of the ordinance (C. C.ll-l0-2) an accessory building has to be subordinate to something at some point in time. In other words, there has to be a main structure in order to have an accessory building. Without some concrete assurance that Mr. Oyler will construct a primary residence, his accessory building is in violation of the City ordinance. The City has an obligation to Mr. Oyler because he has acted in good faith to apply for a building permit and the permit was granted. The City also has an obligation to the property owners to see that the ordinance is enforced. It was agreed to make a decision rather than prolong action. deciding motion, the following points were covered: In arriving at the (1) There must be substantial assurance that the primary structure will be built as spelled out in a contractual agreement between Oylers and the City of Ammon. (2) The contractual agreement should include a penalty for non-compliance. (3) with by a There must be a reasonable start up date for the primary structure work to progress continuously and a minimum amount to be completed specified date. I (4) The building plans will require a building permit should be made application should include a detailed showing the basement cross section ordinance. time to complete, but application for to the City without delay. The plot plan and preliminary house plans and conformance to the Flood Plain (5) The building permit should be purchased within sixty (60) days. This will allow time to complete the house plans sufficiently to begin basement construction. Councilman Crandall moved to reactivate Building Permit No. B92-33 issued to Robert and Ina Oyler for construction of a garage on property at 4415 Wanda Street with the understanding it is an accessory building and construction of a dwelling home would proceed as expeditiously as possible; Mr. Oyler must submit preliminary house plans to the City and make application for a building permit within sixty (60) days; as soon as the permit is approved by the Planning and Zoning Commission, he shall pay all permit fees including the water and sewer hookup fees; work should begin as soon as possible but the basement must be poured by December 1, 1992; these requirements shall be specified in an enforceable contractual agreement; the stop work order on the garage will be removed and Mr. Oyler can continue construction as soon as he signs the agreement; and if the terms of the agreement are not complied with, the I garage shall be taken down at the owner's expense. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Ander- son - Yes. The motion carried unanimously. The Board of Adjustment action was concluded, and Mayor Ard counseled the property owners to get together to work out a plan to enforce the protective covenants in their subdivision. The regular City Council Meeting followed. Rod Croston, 3020 Western Avenue, requested permission to reactivate a building permit to restore his log house. Mr. Croston explained his plans and requested permission to live in the garage section with the bathroom facilities and in a camp trailer for one or two months until the house can be livable. The house has a historical value to the applicant. A few I I I Book 7-439 July 2, 1992 years ago a building permit was issued for the restoration project, but due to finan- cial circumstances construction was discontinued. At that time, a special use permit was issued by the City for Mr. Croston to live in the garage section while he was constructing. Since the proj ect has been abandoned for some time, the Council reviewed the case. Mr. Croston was advised that he must observe the R-l zoning requirements, the house must be brought up to the Uniform Building Code, and a Certificate of Occupancy must be issued before he can occupy the house. The Council recommended that he make application for a new building permit, and permission was granted for him to move a camp trailer on the property to use during construction with the use limited to three months. Councilman Hall moved to approve the minutes of City Council l1eeting held June 18, 1992, as written. The motion was seconded by Councilman Anderson. Roll call vo~e: Hall - Yes; Anderson - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. Regarding the Tie Breaker Park, the Mayor closed the deal for the property on June 23, 1992, and a warranty deed was issued to the City. Kathy Dansie called attention to sections of the ordinance which require the Planning and Zoning Commission to review park development plans and the Board of Adjustment to issue a permit for a park. Attorney Anderson advised the City must follow all of the requirements. It was recommended the park plans be reviewed by the Planning and Zoning Commission at their meeting on July 7, 1992, and the necessary City Council action will be scheduled for meeting on July 16, 1992. The Council reviewed the action on the Mason Street problem regarding issuance of Robert Oyler's permit to build an accessory building prior to building his house. They discussed whether or not the City should adopt a policy. However, no action was taken. Each case should be considered individually. Regarding Ammon Road, Forsgren Associates advised they plan to set up appointments with Fred Karford and Lennis Tirrell on July 9 to present the final written offer for right-of-way acquisition. Mayor Ard has been requested to be at the meeting with Forsgren and the property owners. Council members were also invited, provided they are available. Karford and Tirrell have two weeks to accept or rej ect the final offers. Reports: Public Works Director David Wadsworth reported that the pump on Well No. 1 has been pulled for repair. Well No. 3 had considerable repairs about a year and a half ago. Mountain Ag has been requested to re-evaluate those repairs and to get the well back in service. The pump was rattling loudly like it would rattle out of the ground. The motor on the new Walker lawnmower has developed a problem. Hopefully some of the costs to repair the problem will be covered by our two year warranty, but there is some difference of opinion whether the problem is faulty mechanism or City negligence. Councilman Hall inquired if there Swensen's pursuit of a post office City has not heard if there has been regarding Russell were sent, but the has been any developments for Ammon. Several letters any response. Councilman Hall has observed policies of cities in other areas, and he wondered if Ammon has considered charging a fee for future impact on services. For example, impact on service for an extra road, an additional street light, or another pumping station for the sewer. We need to be protected to handle growth, and he suggested the City Engineer recommend some possibilities. At the present time, hookup fees for water, sewer, and meters are deposited in improvement funds. Engineer Benton suggested the City may consider an ordinance to help recoup expense the City incurs in extending a water or sewer line. Councilman Anderson stated residents have expressed appreciation for the weed mowing on the streets that have been completed. He encouraged the crew to continue mowing on the rest of the streets. Inquiry was made about how profitable it is to open the swimming pool on Sunday. Open swimming on a number of days has been poor because of the weather. The lesson program is doing good. Councilman Maeser commented on the insurance offered through State Insurance Fund on underground storage tanks. It appears the program is economical and beneficial. The City Office was instructed to investigate it further. The volunteer group that is working on the recycling program earned some money, and they want to know what to do with it. The Mayor suggested it be kept in a special fund to be used for a project that is agreeable to both the City and the volunteers. Another collection is scheduled for Saturday, July 11, 1992. 440 July 2, 1992 During the Independence Day holidays in 1991, the Fire Department carefully monitored individuals shooting fireworks. They recommended to some of those residents that they apply to the City for a permit to display fireworks in a designated area. As a result, the Steve Fuhriman family, the Bryce Spaulding family, and the Candy Jarvis family have requested permission. The Council was concerned about the liability, and they were reluctant to issue permits. Those who are interested can use the tennis court area at McCowin Park, but they are liable for any damage and responsible to clean up. Attorney Anderson was asked for instructions for handling delinquent water accounts that have been shut off and their service restored on a promise to pay. However, the resident only partially paid as promised. He advised if we accept the partial payment then another notice should be issued before we shut the service back off. Claims were approved. I Councilman Crandall moved to adj ourn the meeting, and Councilman Maeser seconded the motion. The meeting was adjourned at 10:10 P.M. 00 MAYO ATTEST aLe.~(! e~ CITY CLERK -;??'- I I