Board of Adjustment

BOARD OF ADJUSTMENT Regular Meeting December 14, 2017 City Annex Building, Council Chambers 12:15 p.m. 680 Park Avenue Members Present: Alden Allen, Alex Creek, Gene Hicks, Nathan Kennedy, James Wyatt Members Absent: Mark Scoville Staff Present: Brent McLane, Planner, Brian Stevens, Planner and Naysha Foster, Recorder. Also Present: Brett Manwaring, applicant, and no one from the public. Changes to Agenda: Alex Creek made a motion to amend the agenda to add discussion regarding approval of minutes under the business portion of the agenda. Alden seconded the motion. The motion carried unanimously. Call to Order: The meeting was called to order at 12:26 p.m. by James Wyatt. Introductions: Brent McLane suggested that introductions be done because of all the changes with members and staff. Each person present introduced themselves and James stated that Deb Petty retired, Steve Davies and Richard Lee moved out of the area. Election of Officers: Alex made a motion to nominate Gene as Chairman. James seconded the nomination. Gene Nominated James as Chairman. Nathan seconded the nomination. James and Alex voted for Gene. Alden, Nathan and Gene voted in favor of James as Chairman. James Wyatt was elected Chairman. Alex nominated Gene as Vice-Chairman. Nathan seconded the nomination. James nominated Nathan as Vice-Chairman. Gene seconded the nomination. Alex voted in Favor of Gene. Alden, James and Gene voted in favor of Nathan as Vice-Chairman. Nathan Kennedy was elected Vice-Chairman. Minutes: July 14, 2016-There was discussion among the Board that it was difficult to know if any edits to the minutes were necessary due to the amount of time that took place between this meeting and the previous meeting. Gene made a motion to approve the minutes. Nathan seconded the motion. The motion to approve the minutes carried unanimously. Public Hearing(s): Conditional Use Permit to Move a Manufactured Home. Generally located south of US Hwy 20, west of Elmore Ave., north of W Elva St extended and east of Riverside Dr. Lots 21-24 less Right-of –Way Brian Stevens presented the staff report, a part of the record. James asked Brian to define a dustless surface regarding the driveway. Brian explained that it was a hardened surface and gravel is not considered dustless. Alex stated that Federal regulation allows manufactured homes in all zones and did not understand why this application was being heard by the Board of Adjustment. Brian indicated that the City can be more restrictive than Federal regulation and this is the process according to the City’s Zoning Ordinance which is in the process of being revised and this matter is part of that revision. Gene asked if moving this manufactured home would be compatible with the surrounding area. Brian stated that there were several other manufactured homes in this area. Gene also asked who owned the property to the north-west along the property. Brian explained that it is Highway right-of-way and Idaho Transportation Department wants to keep it and the right-of-way directly to the north is owned by the City. BOA Minutes 12-14-17 - draft.doc Page 1 of 2  Applicant Brett Manwaring, 2160 Aegean Ave. Idaho Falls, presented the Conditional Use Permit. He indicated that the Right-of-way on the west side off the fence is twenty feet lower than the property. Nothing has ever been built on this lot that he is aware of, but there is a sewer manhole located on the property. He stated that he spoke to the City about vacating the right-of-way to the north and they were not in favor of vacating that. Mr. Manwaring went over the square footage of the home and explained how it was skirted in the past vs how it will be skirted in the future. He also indicated that the tree in the south east corner of the property will stay which is why he located the parking / drive where he did. The manufactured home will be on a permanent foundation, connect to City water and sewer and gas. It will has an endless water heater and newer roof and is in good condition. Mr. Manwaring explained that the plan is to place the manufacture home on the property and then sell it. He stated that the City needs some affordable housing. Gene asked Mr. Manwaring the year of the Manufactured home. His reply was 1978, but is in excellent condition. Alex asked if there was a HUD sticker. Mr. Manwaring stated that it does. It was painted over, but he removed as much of the paint as he could and submitted a picture. There were no further questions from the board. Mr. Manwaring that the Board for their time. There was no public for public testimony. James closed the public hearing for deliberation. James stated that the application was pretty straight forward and meets all the requirements of ordinance. Alex added as a condition that the applicant get all required permits and inspections prior to a Certificate of Occupancy. Alex made a motion to approve the Conditional Use Permit with the aforementioned condition. Gene seconded the motion. The motion to approve the Conditional Use Permit with the condition that all required permits and inspections be done prior to the issuance of a Certificate of Occupancy carried unanimously. Business: Discussion regarding how long it takes between meetings to approve minutes from the previous meeting we held. James asked Brent if there was a way to e-mail minutes and approve them or if it has to be done in a formal meeting. Brent stated that it has to be done in a formal meeting and that minutes could be sent out sooner for review and the Board can make comments for edits or corrections while the meeting is still fresh in their mind and then they would be approved at the next meeting. Brent explained that the Board of Adjustments may meet more frequently in the future as Brad looks at delegating more responsibilities to the Board to alleviate the Planning Commissions responsibilities. Adjourn: Meeting adjourned at 1:05 p.m. Re-opened: James re-opened the meeting to review and sign the Reasoned Statement that Brian prepared for the Conditional Use Permit for Brett Manwaring. Gene made a motion to approve the Reasoned Statement. Alden seconded the motion. The motion carried unanimously. Adjourn: Gene made a motion to adjourn the meeting Nathan seconded the motion. The motion carried unanimously. Meeting Adjourned at 1:09 p.m. Respectfully Submitted, Naysha Foster, Recording Secretary BOA Minutes 12-14-17 - draft.doc Page 2 of 2