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Council Minutes 02/06/1974 (2) I o 00 l'- ~ UJ t:1:J I I 43 CITY OF AMMON February 6, 1974 Minutes of the regular meeting of the Mayor and City Council: The meeting was called to order at 7: 35 P. M. by Mayor Keith C. Turnbow with the following City Officials present; Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Gerald B. Cheney Councilman Brent Hirschi Councilman Marvin J. Anderson (arrived at 8 P. M.) Others present during the meeting were Paul Curtis, Thomas Borg, Vern Lindhorst, and Boyd Thompson. Clerk Deon Hemingway As sistant Attorney Franklin Smith Prayer was offered by Councilman Swensen. Minutes of the meeting of January 16, 1974 were approved as typed. Paul Curtis inquired if the deeds for the exchange of property for the proposed cul-de-sac on Rose Dale Lane were ready for signature, which he felt should be taken care of before there is any digging or moving of fences. He was informed by Mayor Turnbow that Engineer Benton has these papers ready and will get them to Mr. Curtis as soon as an abstract is obtained from the title company. An application for a zoning variance was presented by Thomas Borg of 3085 Ross Avenue, asking that he be allowed to have a 5-foot sideyard setback ra"ther than the 7 -1/2 feet required by the zoning ordinance in R-l zones so that he can build a 22 -foot garage to be attached to his house. He noted that this extra footage is needed for a two-car garage since the existing back step for his house extends out 5 feet, and he would like to enclose this step in the garage. He said that there would still be adequate distance between homes as his neighbor's side yard is approximately 21 feet. A zoning variance request was also brought before the Council by Vern Lindhorst for building a home on Lot 3 , Block 1 of the Pony Acres Addition which is now zoned RP and requires a 20-foot sideyard setback. The house which, Mr. Lindhorst proposes to build, the plans for which were drawn up last year before the new zoning went into effect, would have 17 -1/2 foot side yards, which exceed the l5-feet sepcified in the protective covenants for the area. A paper signed by the adjoining neighbors (Rex Sheppard and Steven Grundmeyer) indicating no objection to the Lindhorst plans was presented. The Council requested a date to be shown for these signatures and additional information on the sideyard measurements of other homes on the street. Consequently, both variance requests were taken under advisement for further study, with the property owners to be notified when a decision is made. The matter of installing water and sewer lines in Rose Dale Lane between Sunnyside Road and Molen Street was brought up for discussion by Mr. Boyd Thompson, who has property along the east side ci. that street which he would like to sell for building lots. He wondered if the city could match funds temporarily for the west side of the street's share until lots on that side are sold for develop- ment. Mr. Thompson was informed that curb and gutter would also be required and that a Local Improvement District could be set up for the property owners on the west side of the street if desired. The Council asked for time to consider Mr. Thompson's proposal. A special meeting was scheduled for 8: 30 P. M. on February 11 to make decisions on this matter and the two zoning variance requests. Upon inquiry by Mayor Turnbow, Attorney Smith advised that the legality of the City giving help as Mr. Thompson had requested would depend on whether there is a legitimate purpose on the part of the City such as increasing the tax base, eliminating a fire hazard, etc. He mentioned that this is the first test of whether or not the policy as set up in the recodification of requiring developers to install the water and sewer lines is going to have force and meaning. In view of the number of new additions which are being proposed for annexation and development, Councilman Swensen recommended that a policy be established regarding engineering services. Councilman Hirschi noted that the same idea had been expressed by the Planning and Zoning Commission. Advice by the Attorney