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HomeMy WebLinkAbout001 04 90LAND USE AND DEVELOPMENT MINUTES January 4, 1990 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building January 4, 1990. Present: Chairwoman Sue Parrish, Commission Members: Jerry Tydeman Kent Kearns, Richard Pearson, Pete Anderson, Bob Anderson, Myrna Cain; Engineer Steve Smart, Attorney Tom Holmes, Secretary Myrna Crapo. Meeting called to order by Chairwoman Sue Parrish at 7:30 pm. Chairwoman Sue Parrish asked for corrections or additions to the minutes of December 7, 1989. Jerry Tydeman asked that page 2 Item (3) of his motion be deleted. Kent Kearns asked that his amendment to the motion on page 5 include the dates of May 15 and September 15. Spelling errors on page 3 " listed" and on page 4 "Hale" be corrected. Kent Kearns moved to accept the minutes as corrected. Pete Anderson seconded the motion. All commission members voted in favor. PUBLIC HEARING: A PROPOSAL BY TERESSA A. OBORN, 3836 BLUE GROUSE, FOR A CONDITIONAL USE PERMIT TO OPERATE A HAIR SALON AT 4511 Hawthorne. Property is presently zoned Limited Residential (R-2). John & Teressa A. Oborn, 3836 Blue Grouse informed the commission that there would be one chair and that they would probably be opened from 9 to 5. Steve Smart informed the commission that there were no objections from the city staff. Chairwoman Sue Parrish opened the public hearing. Don Andrea, 711 Victor told the commission that there is plenty of parking area available at this home. Hattie Landon, 525 Bonanza has Mrs. Oborn cut her hair and she has seldom seen more than 2 cars there at one time. Chairwoman Sue Parrish closed the public hearing. LAND USE AND DEVELOPMENT COMMISSION JANUARY 4, 1989 PAGE 2 Kent Kearns moved that we grant the conditional use permit sought by Teressa Oborn in reference back to a continuation of the restrictions enumerated in section 18,12,030 (G2 A-L) as long as she complies with those restrictions. (Kent Kearns read those requirements). Those being the conditions of maintaining her conditional use permit for the operation of a single chair hair salon. Jerry Tydeman seconded the motion. Pete Anderson moved to amend the motion to read "the hours of the operating be limited from 9 to 5 and that there be no more than two customers at the facility at any one time." The amendment to the motion died for lack of a second. Roll call vote: Pete Anderson, no; Bob Anderson, yes; Jerry Tydeman, yes; Myrna Cain, yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson, yes. REVIEW OF PRELIMINARY PLAT OF GEORGE SHIOZAWA, A SUBDIVISION LOCATED ON WEST SIDE OF WHITAKER ROAD from city limits going 1/4 mile North (5300 block on Whitaker Road.) Chairwoman Sue Parrish asked for questions from the commission. Pete Anderson questioned the waiving of the sidewalk. If development takes place along the rest of Whitaker Road they should be required to do sidewalk. The commission then discussed: 1. Adjoining property putting in sidewalks 2. School district not allowing children to walk to school unless their is a sidewalk. 3. LID as means of getting sidewalk 4. Drainage of road 5. Using asphalt sidewalks 6. Including Alenskis (the property to the South) in the plat annexation. 7. Using this as a starting place for sidewalks on Whitaker Road. The public hearing was opened. LAND USE AND DEVELOPMENT COMMISSION JANUARY 5, 1990 PAGE 3 Kent Shiozawa, 5328 Yellowstone felt that since the sidewalk would only be going half way that it should be waived. If there was sidewalk only in front of this property what would the children do the rest of the way. Mr. Shiozawa would be willing to put in sidewalk if the city required it. The Public hearing was closed. Pete Anderson made a motion to recommend approval of the preliminary plat for George Shiozawa with the condition that we deny the waiver of the sidewalk and allow the waiver of the curb and gutter as recommended by the city engineer. Richard Pearson seconded the motion. Roll call vote: Pete Anderson, yes; Bob Anderson, yes; Jerry Tydeman, yes; Myrna Crapo, yes; Sue Parrish, yes; Kent Kearns, yes; Richard Pearson, yes. A PROPOSAL BY GEORGE SHIOZAWA, 5328 Yellowstone for a change in land use district upon requested annexation to R-1 for property on West Side of Whitaker Road from city limits going 1/4 mile NOrth (5300 block on Whitaker Road). Steve Smart, Engineer informed the commission that it is shown as R-2 in the comprehensive plan. The public hearing notice was for R-1 so it was advertised wrong. This was an error on the cities part. We will have to readvertise and hold the public hearing in January. Richard Pearson moved to table it until the next month. Myrna Cain seconded it. All commission members voted in favor. OTHER BUSINESS; 1. Getting on the agenda for zoning of adult book stores, etc. 2. Centralized postal facilities in subdivisions 3. City working on changes of the standards for subdivisions 4. Changing the regular meeting to 8 o'clock and holding a training meeting at 7 pm previous to each meeting. Jerry Tydeman moved to adjourn with Riced ~~ seconding at 9:00 pm.  ~ Chairwoman, Sue~rriSh Secreta~ Myrna 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 January 4, 1990, upon the application of Teresa A. Oborn, hereinafter referred to as "applicant") for a conditional use permit to operate a major home occupation (hair salon) on the real property located at 4511 Hawthorne 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 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. No objections were filed with the City or made at the public hearing. B. Two people, Don. Andra and Hattie Landen, testified ample parking was available. 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 chbbck01.245 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 been minimized by Applicant as much as is reasonable possible. 8. Owners of adjacent property have not expressed approval n 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: A. Permit subject to restrictions of Section 18.12.030 of the Chubbuck Municipal Code 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this t day of , 1990. LAND USE AN DEVE MENT COMMISSION n By: C rman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chbbck01.245