Minutes - 1994 - Planning & Zoning - 11/07/1994 - Regular
EAGLE PLANNING AND ZONING MEETING MINUTES
November 7, 1994
The Eagle Planning and Zoning Commission met in regular session on
November 7, 1994. Chairman SMITH presiding.
The following members were present: KEN SMITH,
DONALD BRINTON, NANCY MERRILL, RUSSEL MAYER.
BERT BRADLEY,
Moved by BRINTON and seconded by BRADLEY to approve the minutes of
the October 17, 1994, meeting as presented. ALL AYE: MOTION
CARRIED.
PUBLIC HEARING/Thomas Smith - Variance
Chairman SMITH announced that this was the time and place set for
a public hearing on an application for a set back variance.
APPLICANT: Thomas William Smith
TYPE OF APPLICATION: Building setback variance from 7.6 ft to 5 ft.
LOCATION: 232 S. Silverwood Drive, Eagle
PROPOSED LAND USE AND ZONING: R4
Testimony:
Roger Wineberg: in favor
Daunt Whitman: the Eagle Ordinance does allow 2 ft.
the setback area, however, in this case there is
encroachment.
overhang into
a 2 1/2 ft.
Written testimony:
Diane Sours - opposed
Public hearing closed at 7:50 p.m.
Moved by BRADLEY and seconded by MERRILL to continue this matter
until the next regularly scheduled meeting. BRADLEY will initiate
a meeting between MAYER, the builder and himself in order to find
an alternate means to seek a solution, other than a Variance. ALL
AYE: MOTION CARRIED.
PUBLIC HEARING/Custom Masonry - Rezone
Council)
(remanded back to P&Z by
Chairman SMITH announced that this was the time and place set for
a public hearing on an application for a rezone.
APPLICANT: Steve and Linda Hiatt and Lonnie Clarkston
TYPE OF APPLICATION: Rezone from R5 to C2
LOCATION: same
PROPOSED LAND USE AND ZONING: An office facility, masonry business
and storage for same and parking area.
Stanley Crow, the owners attorney, presented the application to the
Commissioners.
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Testimony:
opposed:
Cathy Horting: no comparison to previous business on that site, the
equipment has been multiplied, they incorporated a partner in the
business, it is noisy and dusty
Leola Yucis: dust, property values
Bob Horting: flood plain, business hours, illegal use, low profile
use to high profile use, expansion. He has a business on his
property which is very low profile in comparison.
Steve Hiatt, applicant, testified he does not have a business
partner, does have a property partner. He acknowledges that the
zone is R5, has never had a problem until now and he consulted
with the city regarding the business and sign years ago. He also
consulted the State Highway authorities regarding the sign.
Neither the city or highway district took exception to the business
or sign.
Public hearing closed at 9:05 p.m.
Concerns of the Commission: Merrill - It appears that the Hiatts
have been blind-sighted by their neighbors, the Hortons. Apparently
there is no way to satisfy the Hortons. There is a need to protect
businesses in Eagle, all businesses don't have to be centralized.
The Commissioners question a 15 year commitment in a development
agreement. Mr. Hiatt should be given a reasonable amount of time
to relocate, but 15 years is not reasonable.
Moved by MERRILL and seconded by BRADLEY to rezone it from R5 to C2
with a development agreement with a 5 year expiration limit, with
the opportunity to review at that time, rather than 15 years as the
development agreement reads now. Also that section #2 speaking to
an easement, be effective at the time the City of Eagle develops a
pathway in that location and that Mr. Hiatt will provide a berm and
fence on the east side of the property providing flood plain
permits required can be obtained.
AYE: MERRILL, BRADLEY.
MOTION CARRIED.
ABSTAIN:
BRINTON, MAYER.
SMITH: NAY.
The Council report was given by Mary Berent.
There being no further business the meeting adjourned at 10:15 p.m.
Respectfully submitted:
BARBARA MONTGOMERY
EAGLE CITY CLERK
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