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HomeMy WebLinkAbout007 01 93LAND USE AND DEVELOPMENT COMMISSION July 1, 1993 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building July 1, 1993. Present: Chairman Kent Kearns, commission Members: Myrna Cain, Mary, Harker, Pete Anderson, and T. Kent Hill; Attorney Tom Holmes; Public Works Director, Steve Smart; Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:00 p.m. Chairman Kearns asked for approval of the June 3, 1993 minutes. Myrna Cain moved to approve the minutes with Mary Harker seconding. All voted in favor. PUBLIC HEARING: Chairman Kearns asked if any of the commission members had a conflict of interest. There was none. AN APPLICATION BY FRANK AND CAROL HALL, P.O. BOX 171 MCCAMMON, FOR A CONDITIONAL USE PERMIT TO PLACE A DOUBLE WIDE MOBILE HOME AT 105 W. SIPHON ROAD; the property is presently zoned Limited Residential (R-2). Frank Hall, 507 Front Street in McCammon addressed the commission. He informed them that he had received a building permit and then was stopped. They wanted to precede to put in a brand new mobile home there. Norm Hargard, 5719 Eve owns the lot east of this property and does not object to the home. Ed Poston, 5565 Yellowstone, lives east of the property. The builders have been driving across his property when they put in the footings, he would like to see a fence put up to stop them. Cary Campbell, city building official, explained to the commission that the building was stopped by the city because the city requires a conditional use permit. The building permit was originally issued because the building official was told that Cary had approved it. This was not the case. Cary would like to see the trailer to determine if it meets the qualifications. Brad Gardner representing Clark Real Estate who owns the duplex at 107 W. Siphon Road also complained about the builders running over their lawn. Land Use and Development Commission Page 2 July 1, 1993 Chairman Kearns closed the public hearing, and turned the discussion to the commission. The commission would like to see what the building looks like. Chairman Kearns reviewed the applicable codes. 1. The commission can determine if this is to be transferable or not. 2. They can limit the time this conditional use permit is good for, requiring them to reapply at a later date. 3. Comprehensive plan shows this area to be zoned C-2. The commission then discussed: 1. The neighborhood being compatible 2. Damage done by the cement company Cary Campbell told the commission that he would like to have the contractor come in when they get the building permit reissued. Mary Harker made a motion to grant the conditional use permit based upon the following conditions. 1. Mobile home is found to be a class II production dwelling. 2. Contractor comes into the city for reissue of building permit. 3. The contractor repairs damage done to neighbors' property 4. The conditional use permit is transferable with sale of property provided the home stays with it. Myrna Cain seconded. Roi1 call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; T. Kent Hill, yes. AN APPLICATION BY R. A. ALBERS, 10250 OAKSHIRE DRIVE, CARMEL, CA FOR REVIEW OF PRELIMINARY PLAT OF TYHEE ESTATES, 1ST ADDITION, located on Tyhee Road, North and West of Hiline Road. Tim Shurtliff, 426 W. Lewis addressed the commission and told them that this would be the same as the first phase. It would have a central water system that would hook up to the existing water system. The lots would be from 1 to i 1/2 acres. An easement has been left to get access to Moonglow so they could hook on to the other system. The well is in but they are waiting for the power to be hooked up so they can test it. They will contact S & N subdivision to see if they would want to merge with their system. Land Use and Development Commission Page 3 July 1, 1993 Randy Kline, commission a analysis. Box 397, Dick Albers' Attorney, gave the copy of the restrictive covenants and soil Chairman Kearns closed the public hearing and opened it to discussion by the commission. He then reviewed with the commission the need to: 1. Be consistent 2. Incorporate previous guiding requirements along with this one. Pete Anderson recommended approval of the preliminary plat to the city council to be consistent with the present development of the Tyhee Estates and with the recommendation of the city engineer. Mary Harker seconded. Roll call vote. Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; T. Kent Hill, yes. AN APPLICATION BY ROY J. LACEY, 12411 N. COREY LANE, FOR A REVIEW OF PRELIMINARY PLAT FOR ESPIE 1ST ADDITION SUBDIVISION, located on a tract of land on the west side of Hawthorne Road 5500 block (south 1/2 of the northeast quarter of section 4 township 6 south, range 34 East B.M. Roy Lacey, 12411 N. Corey Lane addressed the commission and informed them that all of the lots are sold in the 1st phase. The covenants would remain the same for this addition. LaRee Nobles, 13243 W. Siphon, told the commission that we needed a park and they would like to contribute an acre for a future park. She read a letter from her brother who lives in North Carolina. They would like a park at the West end of the subdivision for children and older people to be able to go to. Roy Lacey told the commission that at the last meeting he had made an offer on the land located at the end of his subdivision, but they refused to sell. He would rather give the money for other parks to be developed than give the park ground. He has contributed greatly to Chubbuck with his developments. Ted Nobles, 13243 W. Siphon Road. Their land is not land locked. A right of way is given off of Siphon Road for that 20 acres. Chairman Kearns closed the public testimony and opened it to the commission. Land Use and Development Commission Page 4 July 1, 1993 T. Kent Hill would like to see the park put at the end so it can be developed into a larger park. The city needs to redo the park formula. Pete Anderson would like to see a one acre park as it would be used by the kids. Some subdivisions do not have parks especially those on the east side of town, and they are greatly missed. Pete Anderson moved to recommend to the city council that the subdivision be approved with the park being moved to the west end so that a larger park could be developed. Myrna Cain seconded, roll call vote: Myrna Cain, yes; Pete Anderson, yes; Kent Kearns, yes; Mary Harker, yes; T. Kent Hill, yes. GENERAL BUSINESS: APPROVAL OF FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS FOR KIM MATKIN. Myrna Cain made a motion that we accept the findings of fact for Klm Matkin. Mary Harker seconded with all voting in favor. ORDINANCE TO PROVIDE ERRONEOUS APPROVAL OF A PLAT OR ISSUANCE OF A BUILDING OCCUPANCY PERMIT DOES NOT WAIVE COMPLIANCE WITH THE LAND USE AND DEVELOPMENT PORTIONS OF THE CHUBBUCK MUNICIPAL CODE. After a brief discussion, Pete Anderson moved to put this ordinance on the next meeting agenda. Mary Harker seconded with ail voting in favor. Mary Harker moved to adjourn with T. Kent Hill seconding· k~t K~'arns, Chairman yrna drano, Secretar~ r"%11 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on July 1, 1993, upon the application of Frank and Carol Hall, (hereinafter referred to as "applicant") for a conditional use permit to place a double wide mobile home on the real property located at 105 W. Siphon Road and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2, Limited Residential, pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-2, General Residential, in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Mobile homes exist in the area. B. Commercial development is unlikely in the foreseeable future. C. Neighbors do not oppose the application, however, cement trucks pouring foundation have damaged neighbor's property. D. Applicant started on the foundation before realizing a conditional use permit was required. E. The proposed mobile home would be new. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbckO7.122 9s BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will not produce an adverse impact on the economic values of adjacent properties. 3. The permit sought will not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now exiting does not indicate that the permit should be denied. 5. The use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners by n virtue of its physical natures or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands. 7. Owners of adjacent property have expressed approval of the issuance of the requested conditional use permit, provided all applicable codes are followed and applicants' contractor quits damaging their property. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: A. Applicant's contractor must come in to get the building permit for Applicant's construction. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION • Page 2 chbbck07.122 n B. The mobile home must meet Class II specifications. C. Applicant's contractor must repair the damage done to neighbor's property. D. This conditional use permit is transferable and assignable to subsequent purchases of the subject property so long as the mobile home being placed there now stays on the property. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this day ofusf- , 1993. LAND USE AND DEVELOPMENT COMMISSION By: �4 itff-571 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck07.122