HomeMy WebLinkAboutClark Real Estate CITY OF CHUBBUCK CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Council
This matter having come before the acigaiRRiffm for public hearing
pursuant to public notice as required by law, on April 12 , 19 a3
upon applicant's application for aralTRknxi4x4ROxidfilbd6iOxixtiftrowlitowbotxX
xxe.294-ORWAVAMVPIXtvtaietkaottatIoUsleoalwandayhtatxiautee/ftexmkkokbcbemix4x0eat,
numn4AMPix WAIVER OF PLATTING REQUIREMENT
North of Stuart Park, lying between Hawthorne Rd. and Portneuf District
Location: lihrary
Applicant: Clark Real Estate, Rodney Clark
FINDINGS OF FACT
1. Applicant has applied for: Waiver of platting Rpquiremnt
2. The existing land uses in the area are: to the north, General Residential
(R-2) ; to the east, General Residential (R-2 )
to the south, General Residential (R-21-
; to the west, General Residential (R-2)
3. That the Comprehensive Plan designates this area as General
Residential (R-2)
4. That the existing zoning of the property is General
REsidential (R-2)
5. That all legal requirements for notice of the public hearing have been
fulfilled.
6. Owners of adjacent property haveAAWARk expressed approval of the
application.
'14
7. Relevant criteria and standards for construction of this application
are set forth in Land Use Ordinance and Land Development Ordinance
8. The facts relevant to an evaluation of the relevant criteria in
standards are as follows:
A. Does not involve subdivision according to Land Development Ordinance.
B. Does not create a street because of no proposed ingress or egress on
the east of proposed church property.
C. Property does not encroach upon Stuart Street
D. That no significant negative impact on the Comprehensive Plan
E.
F.
G.
H.
Conclusions of Law
1. The use for which the permit is sought l/will not be
injurious to the neighborhood or otherwise detrimental to the public
health, safety or welfare.
2. The permit sought mia/will not produce an adverse impact on
the economic values of adjacent properties.
3. The permit sought w,q. -d 1l,B pct 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 satisfied.
4. The noise and traffic conditions generated by the use for which
the permit is sought, when analyzed in conjunction with the noice and
traffic conditions now existing in the vicinity d adoes not indicate that
the permit should be denied.
5. The use' for which the permit is sought j1/shall not work an
unreasonable hardship upon surrounding property owners by virtue of the
legal nature or by the impact of changes made in the landscape of the land.
6. The aesthetic qualifies of the proposed usexl/will not conflict
with the aesthetic qualities of the surrounding lands.
7. The applicant has/lt shown that he has taken all reasonable
steps to comply with the strict terms of the ordinance.
8. Adverse impact on other developuent within the City will/ G
be minimized by the applicant's use sought by the permit.
9.
10.
11. The requested conditional use permit should be granted, subject to
the conditions, if any, set forth hereinafter.
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Decision & Order
The TANiogga4441410)666(5449n, pursuant to the foregoing,
finds that the request of Clark Peal Estate
for a Conditinnal USP Pprmit
should be approved/ subject to the following conditions
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CONDITIONS
1 ) By October 1 , 1984, that Rodney Clark, owner of land, will construct
to city standards and dedicate to the city the proposed extension
of Stuart Street along the eastern boundary of church Property.
2) That applicant's acceptance of waiver of platting constitutps
acceptance of this condition and their agreement to comply with
said condition which agreement may be enforced by city by legal
proceedings.
(Ci , orgy
Af
"Mayor
Motion by: Councilman Nield I seconded by Quirk
to adopt the foregoing Findings of Fact, Conclusions of Law and Order.
ROLL CALL:
Council Members Becky Pr. Hopking Voted Yes
Council Member Dwain A. Kinghorn Voted Yes
Council Member Thomas S. Nield Voted Yes
Council Member LeRoy S. Quick Voted Yes
Mayor Voted
Voted