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HomeMy WebLinkAbout006 03 93LAND USE AND DEVELOPMENT COMMISSION June 3, 1993 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building June 3, 1993, Present,: Chairman Kent Kearns, Commission Members: Myrna Cain, Richard Pearson, T. Kent Hill, Mary Harker, Pete Anderson, Gayle Anderson; Attorney Tom Holmes; Project Engineer Gerd Dixon and Secretary Myrna Crapo. Chairman Kent Kearns called the meeting to order at 8:05 p.m. Chairman Kearns asked for approval of the April 1, ]993 minutes. Chairman Kearns asked that a couple of typo errors be corrected. Richard Pearson moved to accept the minutes with those corrections, Gayle Anderson seconding. All voted favor. PUBLIC HEARING: Chairman Kearns asked if' any of the commission members had a conflict of interest. Gayle Anderson had a conflict of interest with Sterlin~ Development proposal. 1. AN APPLICATION BY KIM MATKIN, 261 1/2 MINGO, FOR A VARIANCE IN THE MINIMUM REQUIRE]) REAR YARD BUILDING SET BACK TO ADD AN ADDITION TO THE CURRENT HOME, THE PROPERTY IS PRESENTLY ZONED LIMITED RESIDENTIAL (R-2). Klm Matkin, 261 1/2 Mingo told the commission that he had lived in Chubbuck all his life and wanted to stay here. He bought this piece of property and needs to expand. He ~:an't pu't the addition anywhere else because it will cause structural damage. There is an irrigation ditch on the back and side with fields beyond that. Gerd Dixon, project engineer, explained to the commission that this place ~as currently in violation of the ordinance. The city was concerned about possible hardship for future development. The comprehensive plan shows t. his property as C- 2. There was no public testimony so that portion of the meeting was closed. The Commission discussed: 1. Coming out the front of the trailer with the new addition. 2. Chubbuck Municipal Code section 18.28.030A on the reasons for a variance. 3. Whether a hardship definition applies to this application. 4. The surrounding homes 5. Future conflicts with the surrounding property. Land Use and Development Commission Page 2 June 3, 1995 Richard Pearson moved that we deny the variance as applied for t. his evening for the setback of the rear of the property' on Mingo. Pete Anderson seconded. Roll call vote: Myrna ('Jain, yes; Richard Pearson, yes; T. Kent Hill, yes; Kent Kearna, yes; Mary Harker, no; Pete Anderson, yes; Gayle Anderson, no. Chairman Kearns closed the public hearing. GENERAL iBUSINESS: 1. STERLING DEVELOPMENT FINAL DEVELOPMENT PLANS FOR A PLANNED UNIT DEVELOPMENT AT 4600 HILINE IBRIARWOOD). Because of a conflict of interest Gayle Anderson stepped down. Ron Johnson, Alamo CA and Wayne Shepherd, 1135 Yellowstone addressed the questions of the commission and residents. The commission reviewed the P.U.D. ordinance on P. 167 Section F of the city code and the LUDC Staff Report of February 24, 1993 to see :if everything was complied with. The commission was informed that the park area on Hiline will be turfed, etc. but the park at the west end will be left undeveloped. Mr. Shepherd told the commission that they will do a new fire system that will be linked to the culinary water ay'stem. Items that were discussed by the commission were: il. Water' line had not been tested and confirmed for the materials that are in some of the culinary lines. 2. Speed bumps were not addressed; Ithere will be no speed bumps). They have done ? cores of the street and six complied with the requirements. 3. Water service in the common area having to be dug in by hand. Abandoning services may need to be hand dug to get back to the corp stop. 4. Homeowners wi.il own all of the common area. 5. Mail boxes will be left as they are now. 6. Need for a definition of any commercial uses including on site sales. Regulation of hours and location. '7. Separate meters at each house. 8. Proposed dry wells specification being adequa'te. Land Use and Development Commission Page 3 June 3, 1993 9. Park specifica'tions being done by Kimberly Nursery. 10. Relocation program. They have contacted 5 mobile home parks in the area where they can move and get free rent. They will also be providing a truck and crew for installation at the other end. In order for the residents to use the program they wi]]. need to 1. be current in their rent and 2. move during the time specified. 11. Homeowners will own all of the common area. 12. Existing lawn sprinkler system (if any) will have backflow valves. A copy of the restrictive covenants were passed out. Chairman Kearns asked for any general Public comment: Joyce Kay space =3 asked when the assistance would take place. Mr. Johnson informed her that the date had not been set yet. Lorraine Taylor space #76 asked what the size of the lots would be and the price range. She was informed that the sizes would be 65 x 83 and 75 x 83. The price had not been determined yet. Gay]e Anderson, 12527 N. Yellowstone, questioned the services being inside the easements and was told that no public utilities would be outside the easements on private property. Chairman Kearns informed the commission that 'there were several items that needed to be addressed by the developers. 1. Need to address speed bumps 2. Need to define commercial time frame 3. Relocation offer needs to be in some form of written text Pete Anderson moved to recommend to the city council acceptance of the preliminary unit development a't 4600 Hiline presently known as Briarwood upon receipt of the landscaping plans, the complete final documentation and these items being addressed: 1. relocation plan 2. speed bumps, 3. Allowable hours of operation being from 8 am to 8 pm. Myrna Cain seconded ~.he motion. Roll call v'ote: Myrna Cain, yes; Richard Pearson, yes; T. Kent Hill, Yes; Kent Kearns, yes; Mary Harker, yes; Pete Anderson, yes. Land Use and Development Commission Page 4 June 3, ]993 2. APPROVAL OF FINDING OF FACTS AND CONCLUSIONS OF LAW AND I)ECISION FOR WILLIAM G. AND DIANA BOYER, 227 BRISCOE. Pete Anderson moved to accept the finding of fact, conclusions of law and decision on William G. and Diai~a Boyer. ~lary Harker seconded with all commission members voting in favor· PAUL JENSEN, DISCUSSION ON A PROPOSED PLANNED UNIT DEVELOPMENT ON WHITAKER ROAD. Paul Jensen, 940 Cahina presented to ~he commission a proposed PUD on Whitaker road to get their feelings. Ile is planning town houses, apart~nents, detached units and storage sheds on 8.7 acres. 20% would be for lower income families. No co~nmercial operations would be allowed. '~ee~K~arns, Chairman 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 June 3, 1993, upon the application of Kim Matkin (hereinafter referred to as "applicant") for a variance in the minimum rear yard set back to add an addition to the current home on the real property located at 261 Mingo Lane 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 variance 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 Commercial 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 67-6516 and in Chubbuck Code section 18.28.030. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. No cause or facts exist under the four criteria set forth in 18.28.030 which would justify a variance. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following CONCLUSIONS OF LAW 1. The land involved: a) is not of such size or consideration, b) is not subject to such title limitations of record, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 chbbck06.071 qLI C) is not affected by such topographical and location condition, d) has not been so developed lawfully prior to the advent of zoning in 1972, that it would be impossible or that it would create a private hardship not required to protect the public interest to compel the applicant to adhere strictly to the provisions of the Chubbuck Land Use Ordinance. 2. Private hardship: a) was not created or allowed to occur by the applicant, the land owner, or any of their agents. b) was know or foreseeable at the time when the land in question, or an interest therein, were acquired. C) is not serious, immediate and unavoidable, and, alleviating the hardship will not create a possible, present or future hardship for any other private party nor will it be contrary to the public interest. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should not be approved. 2. The variance requested by the Applicant is not granted. sh DATED this 1', day of July, 1993. LAND USE AND DEVELOPMENT COMMISSION By:/-S- ,--etHAIIUMN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbckW.071