Minutes - 2010 - Planning & Zoning - 06/21/2010 - Regular
THE CITY OF EAGLE
PLANNING & ZONING CO:MMISSION MINUTES
June 21, 2010
I. CALL TO ORDER: Chairman Roehling calls the meeting to order at 6:03 p.m.
2. ROLL CALL: Present: ROEHLING, SMITH, VILLEGAS, AIZPIT ARTE
Absent: TANNER
3. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion. There will be no
separate discussion on these items unless the Chainnan, a Commissioner, member of City Staff, or a
citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from
the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
. Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be
adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless
specifically stated otherwise.
A. Findin2s of Fact and Conclusions of Law for CU-ll-02 MOD - Conditional Use Mobile
Home - Dale R. Chesnut: Dale R. Chesnut is requesting conditional use approval to allow a
mobile home occupied by a family member to continue to be located upon a lot in which a
single-family dwelling already exists. The site is generally located on the northwest corner of
Conover Street and Syringa Street at 2052 and 2054 Syringa Street.
B. Findin2s of Fact and Conclusions of Law for CU-02-10 - Bar (stand alone without a
restaurant) - Bill McCarrel: Bill McCarrel is requesting conditional use approval for a Bar
(stand-alone without a restaurant). The 0.32-acre site is generally located on the north side of
East State Street approximately one hundred-twenty feet (120') east of North Eagle Road at 50
East State Street.
C. Minutes of June 7, 2010.
General discussion regarding a voting quorum as not all Commissioners currently present were present
when the consent agenda items were heard.
Clarification provided by City Attorney Paul Fitzer. The approval of the item was voted by three
commissioners. Only two of those commissioners are present.
There is a quorum of those that were present at the hearing.
General discussion regarding the Findings of Fact and the approvals.
Two of the Commissioners present abstain from voting as they were not present at the public hearing and
two who were present will vote for the approval.
Roehling introduces the consent agenda items.
Roehling moves to pull item 3C to the next Planning and Zoning Commission meeting and to
recommend approval of the consent agenda items 3A, Findings of Fact and Conclusions of Law for
CU-ll-02 MOD - Conditional Use Mobile Home - Dale R. Chesnut, and item 3B, Findings of Fact
and Conclusions of Law for CU-02-10 - Bar stand alone without a restaurant) - Bill McCarreI.
Seconded by Smith. Discussion: Aizpitarte asks if applicant Bill McCarrel has seen the letter from Shari
Jackson Sharpe. He reads a part of it. Roehling states he recommended that staff provide the letter in the
packet for City Council and also how he advised Ms. Sharp to discuss the matter with both City Council
and the Design Review boards for their upcoming meetings. Roehling provides clarification that currently
the hearing is closed for consent agenda items and then calls for the vote. ALL AYE (Aizpitarte and
Villegas abstain)...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
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5. PUBLIC HEARINGS: NONE
6. NEW BUSINESS:
A. V AC-OI-IO - ReQuest for Vacation of Easement (access onlv) located on Lot 3, Block 1 of
Talon Ride:e Subdivision - Scott Snvder: Scott Snyder, represented by Mike Engebritson,
PLS, with "ELS" Engebritson Land Surveys, Inc., is requesting a vacation of an existing
easement (access only) located on Lot 3, Block I, Talon Ridge Subdivision. The site is located
at 2200 West Hawks View Lane within Talon Ridge Subdivision.
Roehling asks for Scott Snyder or his representative to come forward.
Mike Engebritson, 2251 S. Sumac Street, Boise, representing the application, provides a brief summary of
the application.
Roehling asks for any questions from the Commissioners. Smith states he does not have any comments at
this time. Aizpitarte states he has no comments at the moment. Villegas asks for a diagram showing the
area and the easement.
General discussion regarding the location of easement.
Smith states that when he read through this and looked for the diagram he thought it was interesting that
the name of the original easement that was given was West Hawks View lane and when reviewing exhibit
B he could not find Hawks View Lane and he could not see the old easement verses the new one.
General discussion regarding the location of the easement.
Roehling asks for any further comments from the commissioners and there are none at this time.
Planner Mike Williams provides a summary of the application. He discusses how the request to vacate the
easement is due to a house being built over the top of the easement. He discusses the certificate of
occupancy and reviews exhibits provided in his staff rep0lt1 and identifies the site in relation to Eagle city
limits. He then stands for questions.
General discussion regarding the statement "does not mathematically close."
Planner Williams provides clarification on the term.
General discussion regarding the diagrams provided in tht~ staff report exhibits.
General discussion regarding frontage, parcel ownership, and recording of an easement.
General discussion regarding the mailed notice for parcels within 300 foot.
Roehling asks for any additional questions. There are nom~.
There is no public testimony to be heard.
Roehling asks for any last comments from the applicant. There are none.
Roehling calls for a motion.
Aizpitarte moves to recommend for approval V AC-OI-IO - Request for Vacation of Easement
(access only) located on Lot 3, Block 1 of Talon Ridge Subdivision (Scott Snyder) with specific
condition number seven (#7): that the new road shall have the same name - which is West Hawks
View Lane. Discussion: Planner Williams asks for clarification that the specific condition be number two
(#2). Aizpitarte amends motion to state specific condition number two (#2). Seconded by Smith.
Discussion: Smith asks the street name appear on all exhibits. Planner Williams confirms that the new
recorded Exhibit I will have the street labeled. Aizpitarte rewords his motion, starting from the beginning.
Aizpitarte moves to recommend for approval V AC-OIl-IO - Request for Vacation of Easement
(access only) located on Lot 3, Block 1 of Talon Ridge Subdivision (Scott Snyder) amend Staff
Recommendation number one (#1) to include that it will clearly show on all exhibits that the new
road will show as West Hawks View Lane. Seconded Iby Smith. ALL AYE...MOTION CARRIES.
7. REPORTS:
A. Commission: None
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B. City Attorney: None
C. Staff: Vaughan:
Zoning Administrator Bill Vaughan provides a memo regarding duties and powers of the Planning and
Zoning Commission. He provides the history on changes in powers for boards in the past such as the
Design Review board.
General discussion regarding the upcoming special meeting with City Council.
8. ADJOURNMENT:
Villegas moves to adjourn. Seconded by Aizpitarte. ALL AYE...MOTION CARRIES.
Hearing no further business the Eagle Planning and Zoning Commission meeting adjourned at 6:37 p.m.
RESPECTFULLY SUBMITTED:
APPR VED:
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SHAR N K. BERGMANN
CITY CLERK/TREASURER
DON ROEHLING
CHAIRMAN
A TRANSCRlBABLE RECORD OF THIS MEETING IS A V AILABLE AT CITY HALL.
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