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HomeMy WebLinkAbout012 06 90LAND USE AND DEVELOPMENT COMMISSION December 6, 1990 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building December 6, 1990. Present: Chairwoman Sue Parrish, Commission Members: Pete Anderson, Richard Pearson, Myrna Cain; Engineer Steve Smart, Attorney Tom Holmes, Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 8:00 pm. Chairwoman Sue Parrish asked for corrections or additions to the minutes of November 1, 1990. There being none, Pete Anderson moved to approve the minutes of the November 1, 1990 meeting as mailed with Myrna Cain seconding. All voted in favor· PUBLIC HEARING: A PROPOSAL BY WILLIAM BOYER, 5016 YELLOWSTONE, FOR A CONDITIONAL USE PERMIT TO RESIDE IN AN EXISTING TRAILER at 5016 Yellowstone. Property is presently zoned General Commercial (C-2). Chairwoman Sue Parrish opened the public hearing Lily Tydeman, 5012 Yellowstone informed the commission that they needed to clarify the public hearing notice to read Class II Production Building. William Boyer, 5016 Yellowstone told the commission that he applied for the conditional use to abide by the city's requirements. He has purchased the business, and modular home and is leasing the property. The public hearing was closed. Pete Anderson, moved to grant Mr. Boyer a conditional use permit to have a Class II Production Dwelling at 5016 yellowstone, Richard Pearson seconded the motion. Roll call vote: Myrna Cain, yes; Pete Anderson, yes; Sue Parrish, yes; Richard Pearson, yes. Land Use and Development Commission December 6, 1990 Page 2 2. A PROPOSAL BY THE CITY OF CHUBBUCK TO ANEND THE CHUBBUCK LAND USE ORDINANCE section 18.08.040 (D) TO CHANGE THE FRONT YARD SETBACK AREAS IN COHNERCIAL AND INDUSTRIALLY zoned areas to ten feet and to increase the required landscaping strip between the right of way and off street parking area vehicular use area or structure to 10 feet. The public hearing was opened, there being no one in attendance the hearing was closed. The commission discussed the ordinance. Pete Anderson recommended to the city council to approve the ordinance as written. Hyrna Cain seconded. Roll call vote: Hyrna Cain, yes, Pete Anderson, yes, Sue Parrish, yes, Richard Pearson, yes. GENERAL BUSINESS 1. Discussion on proposed ordinance to provide for the measurement of lot width on curved lots. Steve Smart, public works director, explained to the commission the reason for this ordinance. The commission then reviewed the ordinance and discussed different kinds of curves and related lot measurements. Pete Anderson moved that we advertize for a public hearing at our next meeting. Hyrna Cain seconded the motion with all members voting in favor. Ri chard Pearson moved to adjourn at 8:30 pm wi th Myrna Cain seconding. Cha{rwoman Sue Parrish S R.ECEIVEn DEC I 1 1990 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. December 6, 1990, upon the application of William Boyer, (hereinafter referred to as "applicant") for a conditional use permit to reside in an existing Class II Production District on the real property located at 5016 Yellowstone 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 General Counsel (C-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Counsel (C-2) 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. The production dwelling has been in place for some time under a conditional use permit issued to the prior owner. B. The dwelling allows on site security for an impound yard in applicant's business. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12.101 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 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. The adverse impact of the proposed use on other development within the City has not been minimized by Applicant as much as is reasonable possible. ,,N 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 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: None. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this day of December, 1990. LAND USE AND DEVELOPMENT COMMISSION By: 2f/fc��ki' Chairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck12.101