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HomeMy WebLinkAbout009 06 84LAND USE AND DEVELOPMENT CC~T~SSION MINUTES September 6, 1984 Minutes of the regular meeting of the Land Use and DeveloPment C~ssion held in the city municipal building September 6, 1984. Present: Chairman Pete Anderson, Cc~ssion~rs: Ron Nelson, Richard Allen, Robert Allen, Myrna Cain and Dee Stalder. Public Works Director Steven Smart, Secretary Dorothy Ward. Council Representative LeRoy S. Quick was excused. Meeting called to order at 8:00 p.m. by Chairman Anderson. Chairman Anderson asked for any additiOns or corrections to the minutes of August 2, 1984, there being none, Dee Staldermade motion to accept minutes as written, Ron Nelson seconded motion. Voting was unanimous. PUBLIC HEAR/NG: A PROPOSAL BY SHERMAN SANTFOR A CONDITIONALUSE PERMIT TO OPERATE S & M SEWER SERVICEFROMHIS HOME at 5136 Henry. is presently zoned General Residential (R-2). Property Chairman Anderson read the comments of the Public Works Director, which stated Mr. Sant had been in violation of the Ordinance #241, in at least 2 particular ways: a) He was operating a business frc~his home without proper zoning authority. b) He was storing his equi~m~_nt on his residential lot. Mr. Sant subsequently moved his equipment and applied for a conditional use permit to operate frc~ his home. Chairman Anderson asked for ~t frcm Mr. Sant. He stated he has rented sc~e property on Kraft Road to store his equipment. He said no one ccmes to their home, it is strictly a Call in service. Chairman Anderson asked for public conm~_nt for or against the conditional use, there being none, he asked for cc~m~_nts from the cc~ssion me/nbers. Richard Allen, said he lived across the street, and he had not noticed any increase in traffic , he said he had no objections to the business, as long as the large sewer truck not parked at 5136 Henry. Cc~ssionmembers discussed the storage and maintenance of the trucks. It was determined no sign w~s used to identify a business was being operated from the hc~e. With the findings of fact and conclusions of law having been met. Robert Allen made the motion to approve the conditional use permit of Sherman Sant to operate S & M Sewer Service from his home at 5136 Henry, Chubbuck, Idaho; that large sewer truck not be stored or maintained at his hc~e; .Sherman Sant - conditional use permit continued the conditional use permit to be reviewed in one year. All other equipment or material must be stored out of view. This conditional use permit applies to Sherman Sant only. Richard Allen seconded the motion. Roll .call vote, Stalder, yes; Cain, yes; Robert Allen, yes; Richard Allen, yes; Nelson, yes and Anderson, yes. e A PROPOSAL BY NANCY J. MERI~TI, FOR A CONDITIONALUSE PERMIT T~ OPERATE A DANCE S~JDIO IN HER HOME AT 4716 MOUNTLAKE. Property is presently zoned I.imitedResidential (R-l) Nancy Merrell, 4716 Mountlake, said she had been operating the dance studio frc~her hc~e since 1982, and had just becc~ aware she was in violation of the city ordinances. She said she keeps her classes small, no more than 8 children in a class. She said she had adequate parking for 8 cars; but that she does not let parents ccme to each class, so traffic is no problem. Said most of her children were neighborhood children. She said she hadmorning and afternoon classes. Chairman Anderson asked for public cc~ment for or against proposal. There being none, he asked for cc~ment frem the cc~mission. CommissionMembers discussed the parking and hours studio would be in operation. the findings of fact and conclusions of lawhavingbeenmet, Richard Allen made motion that the conditional use permit of Nancy J. Merrell, 4716 Mountlake, be granted with the following conditions: she operate within the hours of 9:00 A.M. and 6:00 P.M., that she keep her classes under 10 students per class; no sign is to be erected to identify the dance studio and a yearly review to be held. Dee Stalder seconded the motion. Roll call vote, Nelson, yes; Robert Allen, yes; Richard Allen, yes; Cain, yes; Stalder, yes; Anderson, yes. A PROPOSAL BYJERRYWI~, 4835 GAT.RNA, FOR A VARIANCE IN THE MINI~3MREQUIRED SIDE YARD, TO AT~OWHIMTO BUILD A GARAGE 14' x 24' Property is presently zoned General Residential (R-2). Cc~ents frem Steven Smart was that Ordinance #205 was adopted more than 2 years after the house was purchased. Ordinance #205 provided for total 20' set back and 8' minJ3man. Ordinance #219 amended these minimums to 14' - 5', the same as Ordinance #241. Alturas Park was originally zoned, at development, R-2. The minimum side yard requirement under that then existing ordinance was 7 feet each side. Jerry Witt, 4835 Galena, stated if he builds the garage it will conform with the other houses in the area. Chairman Anderson asked for public cc~ment for or against proposal. Darris Ellis, 5819 Moses, said if garage allowed he would be the builder. He said they wouldbe doingbasicallywhatwas done to most hc~es originally. That it wouldn't change the look of the neighborhood. He said if they put the garage in the back yard it would cut up the yard in such away, as the children wouldn'tbe able to enjoy it. Jerr~ Witt - variance - continued Public. hearing closed. Chairman Anderson asked for cu~u~nt from cc~raission. Chairman Anderson read from Ordinance #241, page 39 and 40, SECTION 7-3: Variances. (a) Limitation. (1) the hardship was not Created or allowed to occur by the applicant, the landowner or any of their agents; (2) the hardship was not known or foreseeable at the time when the lands in question, or an interest therein, were acquired; (3) the hardship is serious, immediate and unavoidable; and (4) 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. Con~nission members discussed the variance conditions. Dee Stalder stated co, t,~,~ssion should not penalize people later by allowing a side yard that does not conform with ordinances, that city has worked so hard to develop. The findings of fact and conclusions of law having been met, Ron Nelson made motion to grant the variance request of Jerry Witt, 4835 Galena, in the minimum side yard, to allow him to build a garage 14' x 24'. Myrna Cain seconded the motion. Roll call vote, Nelson, yes; Richard Allen, yes; Robert Allen, yes; Cain, yes; Stalder, no; Anderson, no. Motion carried. OTHER BUSINESS: Waiver of platting - C-K Investors. The IDS Church under construction at the corner of James and Stuart Avenue desires to purchase additional land to construct softball fields. The Portneuf District Library to purchase additional land north of their property for potential future expansion. There was no one present from C-K Investors. Chairman Anderson read cc~m~nts of the Public Works Director, Steven Smart. Both parcels do indeed constitute a subdivision of land over all. Current road construction (Stuart Avenue extension) will put an improved roadway across the library frontage. The church property is .essentially unimproved and should technically need none of the street services. Commission members discussed the waiving of platting on the lots that were not residential and the subdivision of land. The waiver of platting was granted for the church because the streets and utilities were put in, in the first waiver on this property. Richard Allen made motion to recu~,~_nd to the City Council the waiver of platting be granted to C-K Investors for the four acres next to canal and directly north of new Chubbuck Stake Building; also ½ acre next to Portneuf Library for library use; subject to the fact if C-K Investors develop, divide or sell any of the re~Lnmn' g ground the whole original tract be platted, per city ordinance. Dee Stalder seconded the motion, with all cc~muission members voting in favor. Dee Stalder made motion to adjourn at 9:50 ~F~ N~n s onded the ~ motion, with all voting in favor othy W~d~, Secretary pete-A~derso~,~azrman~ n CITY OF CHUBBUCK LAUD USE AND DEVELOPMENT COMMISSION 1. TMnTMaq OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on 198_, upon the application of (hereinafter referred to as "applicant") for a conditional use permit to from his home A Hoare Occupation on the real property located at Lot 16 Blk 7 - Stuart 2ndAdditi' and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicanat has applied for a condtional 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 or General Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 General RPctidAni-i-in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application are set forth in Land Use Ordinance 4241 6. The existing neighboring land uses in the immediate area of this property are: To the north, Residenti to the south, Residential to the east Residential ' to the west Residential 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 A. r NP E. F. G. H. 8. Owners of adjacent property / expressed approval of the issuance of the requested conditional use permit. 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 / 4144 -et be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will / w+JJ-ir61r produce an adverse impact on the economic values of adjacent properties. n FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3. The permit sought will / wil1-4:�ot 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 condition now existing does / deee-not indicate that the permit should be denied. 5. The use for which the permit is sought shall / shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use wti-17'/ 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 / ha -a t been minimized by Applicant as much as is reasonably possible. 8. 9. 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / s"AdjlW� be approved. 2. The following conditions, if any, should be 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 3 3. The Conditional Use Permit requested by the Applicant is / Jfi A/ (v6t granted, subject to the foregoing conditions. DATED this 6th day of September , 1984 LAND USE AND DEVELOPMENT COM By: Motion by Robert A11en seconded by Allen TO adopt the foregoiing�Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Stalder Cain Robert Allen Richard Allen Yes Yes Yes Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 Nelson Yes Anderson Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5 .e o si S f .. CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on September 6 , 198_, upon the application of Nancy J. Merrell (hereinafter referred to as "applicant") for a conditional use permit to Teach dancing in her home Hoare occupation on the real propertylocated at 7 Mount Lake Chubbuck, Idaho, Lo5 Blk 1 Moun a rrace Subdivision , and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicanat has applied for a condtional use permit as particularly described above. 2. All legal requirements for notice of public n hearing have been met. 3. The property in question is zoned R-1 or Limited Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R -i Limited Residential in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application are set forth in Tand TT-,,- TiPpa1 nrvrnnt OrzdLnanee-#24' CzoprebPnGi Uin Plan 6. The existing neighboring land uses in the immediate area of this property are: To the north, RL ---,i dcni-i a 1 to the south, Residential to the east en .1a 11 to the west si. en is 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 n 3. The permit sought will / AWY/Agt 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 condition now existing does indicate that the permit should be denied. 5. The use for which the permit is sought shall / /i�VO)//yq,�_/ work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will / rANY/)apt 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 reasonably possible. M 9. 10. The requested conditional use permit, if granted, should be maintained subject to the condtions set forth herinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / Xyt4W9VWie be approved. 2. The following conditions, if any, should be 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: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 3 n B. C. D. E F. G. H. 8. Owners of adjacent property have / have—net expressed approval of the issuance of the requested conditional use permit. 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 / wA4/y1pbN be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought will / produce an j adverse impact on the economic values of adjacent properties. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3. The Conditional Use Permit requested by the Applicant is / YA/Bq(Y/granted, subject to the foregoing conditions. DATED this tith day of �nt�„r,�„- - _• 198_. LAND USE AND DEVELOPMENT COMMISSION By. CHAIRMA Motion by Richard Allen seconded by Dee Stalder , TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Nelson Yes Richard Allen Yes Robert Allen Yes n Cain Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 Aolw Sta 1 c3Ar Yes Anderson _ Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on September 6 , 19884,_1 upon the application of (hereinafter re erred to as "applicant") for a Variance to rinflucYa f -be m i n i m, ern c �2Xc'�� clearance from 9' & 5' ' on the real property located at rpt 4 Rik i ait.jiras Park 4835 Galena and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicanat has applied for a condtional 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 g2_ or General Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application are set forth in Land Use Ordjnnne-cnt 4943 Ci3mimbens-ime Plan 6. The existing neighboring land uses in the immediate area of this property are: To the north, Residential to the south, Residential ' to the east idential t0 the West Undeveloped re a^"{ ;1 subdi vi c; - Iuor; a West a- *T-- , . C 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 A. rfegf v T J I F. G. ftl 8. Owners of adjacent property have /,have-R494- expressed •hetiexpressed approval of the issuance of the requested cvnd1TT1-o-nWt--use permit. 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-vi-tt / will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The permit sought w+ -k*-/ will not produce an adverse impact on the economic values of adjacent properties. n FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 3. The permit sought will not produce a n 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. �Llf- n Qpf'A. The noise and traffic conditions generated by the-a-� for which the permit is sought, when analyzed in conjunction with the .._noise and traffic condition now existingidee9-/ does not indicate that the permit should be denied. �J P, 5. The ese for which the permit is sought-sba1� / shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed Vt" w4rkl / 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 / has -fit been minimized by Applicant as much as is reasonably possible. 8. 9. Variance 10. The requested if granted, should be maintained subject to the condtions set forth herinafter. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should / J1V>VYA/didi be approved. 2. The following conditions, if any, should be imposed upon the granting of saidVariance and applicant, by taking advantage of said variance 1'a/W/p,pbi#�/ agrees to the imposition of the same: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 3 Variance 3. The CV)aY�i�!/Jd�s�/���,ay�y�Z requested by the Applicant is / is not granted, su sect to the foregoing conditions. DATED this 6th day of SeptPmhPr 198 4 . n LAND USE AND DEVELOPMENT COMMISSION C zw A'Z_�".^ 1 By: H I RMW Motion by Ron Nelson , seconded by mzxma Pai TO adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Robert Allen YPG Cain Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIONS - Page 4 J �^ Sta 1 dPr FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 5 Ca1� CITY OF CHUBBUCR LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on '. , 198 , upon the application of Gl/1ZfT4 (hereinafter referred o as "applicant") for a on the real property located at 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. a property in question is zoned or pursuant to the Land Use Ordinance of the City of Chubbuck. , > 4. TtLe property is designated as /C 2 :.��''' in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this/ application are set for h in 6. The existing neighboring land uses in the immediate area of this property are: To the north, to the south, to the east, to the west, c 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 �,kA CITY OF CHUBBUCR LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on v�/ / , 198A7 , upon the application of (hereinafter refer ed to as "applicant") for a conditional, use permit to on the real property located at 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 �/ or pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this,application are set forth in 6. The existing neighboring land uses in the immediate area of th' property are: To the north, to the south, �v to the east, to the west, 14* 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 CITY OF CHUBBUCR LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearin pursuant to public notice a required by law, on rl 4; , 198 , upon the application o s em ,- &y,'e (hereinafter referred to as "applicant") for a conditional use permit to on the real property located at /G and the Cofamission 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 n permit as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned or pursuant to the Land Use Ordinance of the City of Chubbuck. 4. e property is designated as Q2 „y'.��-, in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application_ are set forth in 6. The existing neighboring land uses in the immediate area of this property are: To the north, to the south, to the east, to the west, 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1