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
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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
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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.
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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
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