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,
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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
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