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
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