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LAND USE AND DEVELOPMENT COMMISSION
May 7, 1992
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building April 2, 1992.
Present: Chairman Kent Kearns, Commission Members: Myrna Cain,
Mary Harker, Betty Poole, Pete Anderson, Myrna Cain
Council Representative Steven England, Attorney Tom Holmes,
Public Works Director, Steve Smart, Project Engineer, Gerd
Dixon and Secretary Myrna Crapo.
Chairman Kent Kearns called the meeting to order at 8:00 PM.
Chairman Kearns asked for approval of the April 2, 1992 minutes.
Myrna Cain moved to approved the minutes as mailed with Betty
Poole seconding. All commission members voted in favor.
Chairman Kearns asked if any member of the commission had a
conflict of interest with anything on the agenda. There was
none.
PUBLIC HEARING
1. AN APPLICATION BY JIM WORTHEN, 730 E. CHUBBUCK ROAD, Chubbuck,
Idaho for a review of preliminary plat of Worthen Subdivision,
located west of 4868 and 4884 Johannsen Place.
Steve Smart, informed the commission that the reserve strip
held by Johansen was to protect their investment in the
street. It goes in front of the property. A warranty deed
will be given to the person when they pay for the reserve
strip.
This area was an illegal subdivision. The city needs to take
each one as it comes in and create a subdivision plat. This
is different from the usual subdivision plat.
The public hearing was opened by Chairman Kearns.
Ranae Worthen, 730 E. Chubbuck explained to the commission
that they were sell ing hal f of the lot to pay the cost of
improvements on the road. The lot is shaped so the buyers can
have access to the paved portion of the street which is only
paved half way down.
Tim Shurtliff, 426 W. Lewis, the utilities are on Johannsen's
side of the street.
The public hearing was closed, and opened to the commission.
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Land Use and Development Commission
Page 2
May 6, 1992
Pete Anderson made a motion to recommend to the City Council
approval of the Worthen Subdivision. Mary Harker seconded.
Roll call vote: Myrna Cain, yes; Mary Harker, yes; Betty
Poole, yes; Kent Kearns, yes; Pete Anderson, yes; Steven
England, yes.
2. AN APPLICATION BY CITY OF CHUBBUCK, FOR A CONDITIONAL USE
PERMIT TO PLACE ONE FREIGHT STORAGE SHED (Shipping container)
between Pony and Bronco fields West by Concession Stand.
Chairman Kearns asked for input
structure is not in compliance
section 18.12.030 A (3).
from the city staff. This
wi th the city code as per
Chairman Kearns opened the public hearing.
Charles Myers, 4646 Teton told the commission that he would
like to see this type of building in a industrial zone. He
felt that it would be more attractive to build an extension of
the present building. Mr. Myers was concerned with setting a
precedence.
Gerd Dixon, 715 Victor felt it would appear as a piece meal
addition and not be attractive to the park itself
The public hearing was closed and opened to the commission.
The following was discussed:
1. Setting a precedence.
2. Building a structure similar to what is there
3. This type of structure would reflect on the city and Cotant
Park.
4. A band shelter being attached to a well built structure.
5. Need for a master plan for the whole park.
6. Being against the code.
Pete Anderson moved to deny the conditional use permit based
on the fact that it is against our ordinances. Betty Poole
seconded the motion. Roll Call vote: Myrna Cain, yes; Mary
Harker, yes; Betty Poole, yes; Kent Kearns, yes; Pete
Anderson, yes; Steven England, yes.
3. A
PROPOSAL BY THE CITY OF CHUBBUCK TO AMEND
Chubbuck City Code to REQUIRE PARK
contribution in lieu of dedication to
sprinkler system, and an exterior fence.
CHAPTER 17.16 of the
LAND DEDICATION or
include land, turf,
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Land Use and Development Commission
Page 3
May 7, 1992
The committee discussed:
1. The exterior fence
paragraph on page 2
Department.
along the street
to City instead
and changing 1st
of City Buildin~
2. Small parks being good for small children.
Chairman Kearns opened the public hearing.
Tim Shirtliff, 4943 Redfish, the city has a progressive park
ordinance. It is good that all developers participate in
donating to the parks. The comprehensive plan needs to
designate small and large parks. There needs to be 5' paved
walk-ways into the park with side access. The city needs to
consider additional subdivisions when looking at a location
for the park, and to plan for the whole area.
Chairman Kearns closed the public hearing and opened it to
commission discussion.
The commission talked about:
1. The need to do an ordinance on design requirement for
parks.
Pete Anderson moved to recommend to the city council the
adoption of the ordinances with the one correction; the
deletion of city buildin~ department and inserting city.
Mary Harker seconded the motion. Roll call vote: Myrna Cain,
yes; Mary Harker, yes; Betty Poole, yes; Kent Kearns, yes;
Pete Anderson, yes; Steven England, yes.
4. A PROPOSAL BY THE CITY OF CHUBBUCK TO ESTABLISH THE MAXIMUM
RATIO OF LOT DEPTH TO LOT WIDTH.
The public hearing was opened for public comment. There being
none it was closed.
The commission then discussed:
1. The County's requirements
2. Different ratios
3. Different requirements for residential & commercial.
The commission tabled this item, so that more work could be
done on the ordinance.
5. A PROPOSAL BY THE CITY OF CHUBBUCK TO PROVIDE STANDARDS FOR
VEHICLE SALES SITES.
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Land Use and Development Commission
Page 4
May 7, 1992
Chairman Kearns opened the public hearing. There being no
comments the hearing was closed and opened to commission
discussion.
The commission discussed:
1. Having 10 instead of 5 years for compliance
2. Drainage of water
Mary Harker proposed to recommend to the city council that the
ordinance be stated as stands and that one adjustment be
stated from 5 to 10 years; that we leave the option open to
reasses this situation in the future as needed. Myrna Cain
seconded.
Roll call vote:
Poole, yes; Kent
England, yes.
Myrna Cain,
Kearns, yes;
yes; Mary Harker, yes;
Pete Anderson, yes;
Betty
Steven
steven England moved to adjourn at 9: 30 PM with Mary Harker
seconding.
A-~
~t K~ns, Chairman
MY~~S~Y
01.N 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 May 7,
1992, upon the application of the City of Chubbuck, (hereinafter
referred to as "applicant") for a conditional use permit to place
one freight storage shed (shipping container) on the real
property located at Cotant Park 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
n residential, pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as R-2, limited 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. Chubbuck ordinances do not allow this type of structure
in a residentially zoned area.
B. This structure would detract from the appearance of the
park.
C. This structure and the proposed roof and columns is not
cost effective; the City would be better served by building a
legitimate structure to start with that would be legal under the
ordinances.
D. Neighbors oppose opening the door for this type of
n structure in other residential areas.
E. The City is bound by the same laws and rules as others.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck05.122
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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 be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2. The permit sought will produce an adverse impact on the
economic values of adjacent properties.
3. The use for which the permit is sought shall work an
unreasonable hardship upon surrounding property owners by virtue
of its physical natures or by the impact of changes made in the
landscape of the land.
4. The aesthetic qualities of the proposed use will
conflict with aesthetic qualities of the surrounding lands.
5. The adverse impact of the proposed use on other
development within the City has not been minimized by Applicant
as much as is reasonably possible.
+� 6. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit.
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 conditional use permit requested by the Applicant is
not granted.
DATED this '-7 day of May, 1992.
LAND USE AND DEVELOPMENT COMMISSION
By: S
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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