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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 jm 5P-9 kk 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 jm 5P-9 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 jm 5P-9 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 jm 5P-9