HomeMy WebLinkAbout002 5 87LAND USE AND DEVELOPMENT COMMISSION MINUTES
February 5, 1987
Minutes of the regular meeting of the Land Use and Development
commission held in the citY municipal building February 5, 1987.
Present: Chairman. Pete Anderson, Commission members Myrna Cain',
Bob Anderson, Evan Byington, Bob Allen; Council Representative
LeRoy Quick, Attorney Lynn Winmill, Secretary Myrna Crapo.
ExcuSed Sue Parrish, Dee Stalder.
Meeting called to order at 7:40 pm by Chairman Anderson
Chairman Anderson asked for any additions or corrections to the
January 8, 1987 minutes. There being none LeRoy Quick made
a motion to accept minutes as mailed. Myrna Cain seconded the
motion, with all commission members voting in favor.
PUBLIC HEARING ITEM:
PROPOSAL BY KEN'S AUTO MART, 4639 Yellowstone Avenue Chubbuck,
Idaho for a variance in the maximum height requirement of
60 feet to 88 ~feet for purpose of installing a predominant
flagpole to fly the American Flag. Property is presently
zoned General Commercial (C-2).
Chairman Anderson asked for a report from the city staff. Cary
Campbell represented the city, offered no comments. Attorney
winmill told the commission that variances are not easy to get
and generally the ordinance would require certain things. Attorney
winmill then read to the commission the standards from the
ordinance.
The strongest argument for it was that it was a private hardship
not required to protect, the public interest. The question is
whether or not this private hardship is created by:
A. size of configuration of the land
B. Title limitations of records
C. Topographical and location conditions
None seem to apply with this difficult standards.
Ken Matand, 4639 Yellowstone presented his' proposal stating that
he felt this would put Chubbuck on the map and would be a benefit
to the city. The size of the flag had not been decided as yet.
The commission questioned Mr. Maland.about the noise, location,
installing a smaller pole if the variance was not allowed and
the height that it would be above the ground.
Attorney Winmill referred to Engineer Smart's suggestion that the
ordinance possibly needed to be changed and an exceptioTM be
made for a flag pole.
Chairman Anderson opened the meeting to public comment.
Don Andra,. 711 Victor expressed support for the flag.
The public hearing was closed and Opened to the discussion of the
commission members.
'LAND USE AND DEVELOPMENT COMMISSION MINUTES
February 5, 1987
Page 2
Attorney Winmill questioned if procedurally it~ would be more properly
correct to amend the ordinance firSt which would mean it would
delay it for another month. The commission had two choices: 1. grant a variance
2. Be more procedurally correct and amend the ordinance firSt
The commission discussed Attorney Winmill's comments.
Robert Allen made a motion to approve the request for a variance to
Ken's Auto Mart, 4639 Yellowstone Avenue to erect a 80' above
ground flagpole, complying with the 15' setbacks.
Myrna Cain seconded the motion. A roll call vote was called: Myrna
Cain, yes; Bob Anderson, yes; Evan Byington, yes; Pete Anderson,
yes; LeRoy Quick, yes; Robert Allen, yes. The motion passed
unanimously.
Chairman Anderson informed Ken Maland that there was a 25 day appeal
process.
GENERAL BUSINESS:
A review of a conditional uSe permit to Victor Herbert to operate
a bicycle motorcross track at Pine Ridge Mall Development. Mr
Herbert was not in attendance.
Chairman Anderson directed the secretary to send a certified letter
advising him that whoever is operating it needs to attend the
next commission meeting or the conditional uSe permit may be
revoked.
The commission discussed the original conditional use.
made a motion to table it until the March meeting.
seconded. All voted in favor.
Evan Byington
Myrna Cain
Chairman Anderson expressed concern on the failUre of the commission
members to attend the meetings.
Robert Allen made a motion
to adjourn : 0 pm
~ A~on; ~hairman
Ne
n FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on the 5th
day of February, 1987, upon the application of Ken Malland, d/b/a
Ken's Auto Mart (hereinafter referred to as "applicant") for a
variance to erect an 80 -foot flagpole at his business
establishment located at 4639 Yellowstone, Chubbuck, Idaho.
FINDINGS OF FACT
1. Applicant has applied for a variance permitting him to
erect an 80 -foot flagpole at 4639 Yellowstone.
2. The existing land uses in the area are developed and
undeveloped commercial property.
3. Both the comprehensive plan and land use ordinance
currently designate this property as general commercial (C-2).
4. Section 18.08.040 (B) of the Chubbuck Municipal Code
restricts structures in the General Commercial (C-2) land use
district to a maximum height of 60 feet. Section 18.12.020 (E) of
n the Chubbuck Municipal Code provides that the height limitation
may be increased by 10 feet for appurtenant structures which are
ususally required to be placed above the roof level and are not
intended for human occupancy. The flagpole which the applicant
requests would be more than 10 feet higher than the maximum height
limitation for structures in the General Commercial (C-2) land use
district and therefore can only be allowed upon the issuance of a
variance.
5. All legal requirements for notice of the public hearing
have been fulfilled.
6. Owners of adjacent property have indicated their
approval of the application.
7. Persons appearing at the public hearing indicated their
feelings that such a structure would be a positive addition to the
City.
8. Relevant criteria and standards for construction of this
application are set forth in the above-cited sections of the
Chubbuck Municipal Code and in Section 18.28.030 of the Chubbuck
Municipal Code.
9. The flagpole would be erected so as not to create a
n traffic hazard or other problem for adjoining landowers.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND
ORDER - Page 1
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CONCLUSIONS OF LAW
1. The lands involved are so located that it would create a
private hardship not required to protect the public interests to
compel the applicant to adhere strictly to the height limitations
contained in Title 18 of the Chubbuck Municipal Code.
2. Said private hardship was not created or allowed to
occur by the applicant, the landowner or any of their agents.
3. The hardship was not known or foreseeable at the time
when the lands in question, or an interest therein, were acquired.
4. The private hardship is serious, immediate and
unavoidable.
5. Alleviating the hardship will not create a possible
present or future hardship for any other private party nor will it
be contrary to the public interest.
DECISION AND ORDER
The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the plicant for a variance
n should be approved.
P'te Ande , Chairman
Motion by Robert Allen seconded by
Myrna Cain to adopt the foregoing Findings of
Fact, Conclusions of Law, and Decision and Order.
ANY PERSON ADVERSELY AFFECTED BY THE GRANTING OR DENIAL OF A
VARIANCE BY THE LAND USE AND DEVELOPMENT COMMISSION MAY APPEAL
WITHIN 25 DAYS FROM THE DATE OF THE COMMISSION'S DECISION. THE
APPEAL SHALL BE BROUGHT BY FILING WITH THE CITY CLERK A WRITTEN
STATEMENT OF APPEAL (IN ANY FORM) WITHIN THAT TIME FRAME.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND
ORDER - Page 2
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on the 5th
day of February, 1987, upon the application of Ken Malland, d/b/a
Ken's Auto Mart (hereinafter referred to as "applicant") for a
variance to erect an 80 -foot flagpole at his business
establishment located at 4639 Yellowstone, Chubbuck, Idaho.
FINDINGS OF FACT
1. Applicant has applied for a variance permitting him to
erect an 80 -foot flagpole at 4639 Yellowstone.
2. The existing land uses in the area are developed and
undeveloped commercial property.
3. Both the comprehensive plan and land use ordinance
currently designate this property as general commercial (C-2).
4. Section 18.08.040 (B) of the Chubbuck Municipal Code
restricts structures in the General Commercial (C-2) land use
district to a maximum height of 60 feet. Section 18.12.020 (E) of
the Chubbuck Municipal Code provides that the height limitation
may be increased by 10 feet for appurtenant structures which are
ususally required to be placed above the roof level and are not
intended for human occupancy. The flagpole which the applicant
requests would be more than 10 feet higher than the maximum height
limitation for structures in the General Commercial (C-2) land use
district and therefore can only be allowed upon the issuance of a
variance.
5. All legal requirements for notice of the public hearing
have been fulfilled.
6. Owners of adjacent property have indicated their
approval of the application.
7. Persons appearing at the public hearing indicated their
feelings that such a structure would be a positive addition to the
City.
8. Relevant criteria and standards for construction of this
application are set forth in the above-cited sections of the
Chubbuck Municipal Code and in Section 18.28.030 of the Chubbuck
Municipal Code.
9. The flagpole would be erected so as not to create a
traffic hazard or other problem for adjoining landowers.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND
ORDER - Page 1
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n
CONCLUSIONS OF LAW
1. The lands involved are so located that it would create a
private hardship not required to protect the public interests to
compel the applicant to adhere strictly to the height limitations
contained in Title 18 of the Chubbuck Municipal Code.
2. Said private hardship was not created or allowed to
occur by the applicant, the landowner or any of their agents.
3. The hardship was not known or foreseeable at the time
when the lands in question, or an interest therein, were acquired.
4. The private hardship is serious, immediate and
unavoidable.
5. Alleviating the hardship will not create a possible
present or future hardship for any other private party nor will it
be contrary to the public interest.
DECISION AND ORDER
The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of theapplicant for a variance
should be approved. (1 11 �
e AndeVtgpf, Chairman
Motion by Robert Allen , seconded by
Myrna Cain to adopt the foregoing Findings of
Fact, Conclusions of Law, and Decision and Order.
ANY PERSON ADVERSELY AFFECTED BY THE GRANTING OR DENIAL OF A
VARIANCE BY THE LAND USE AND DEVELOPMENT COMMISSION MAY APPEAL
WITHIN 25 DAYS FROM THE DATE OF THE COMMISSION'S DECISION. THE
APPEAL SHALL BE BROUGHT BY FILING WITH THE CITY CLERK A WRITTEN
STATEMENT OF APPEAL (IN ANY FORM) WITHIN THAT TIME FRAME.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND
ORDER - Page 2
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