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
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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
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