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