HomeMy WebLinkAboutBob L. Nestor, B & C Construction Inc. •t-
CITY OF CHUBBUCK
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CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter having come before the Council for
public hearing pursuant to public notice as required by
law, on May 10 , 19883 , upon the
application of Bob L. Nestor, B & C Construction Inc.
(hereinafter referred to as "applicant" ) for a
conditional use permit to construct and operate a General
Contractors business in a General Commercial (C-2) Zone.
on the real property located at West side of 4900 Block
Valenty Road, South 1/2 of Lot 2 and Lot 3, Boise Payette Tracts ,
and the Council having heard testimony from interested
parties and being fully advised in the matter, now makes
the following
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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 C-2 or
General Commercial pursuant to the Land
Use Ordinance of the City of Chubbuck.
4 . The property is designated as General
Commercial (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 forth in
Land Use Ordinance - Section 7-4
6 . The existing neighboring land uses in the
immediate area of this property are: To the north,
General Commeri'al , C-2
to the south, General Commercial (C-2)
to the east, Light Industrial
to the west, General Commercial (C-2)
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. Similar businesses located on same street
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B.
C.
D.
E.
F.
G.
H.
8. Owners of adjacent property have / beimmxmlat
expressed approval of the issuance of the requested
conditional use permit.
BASED UPON THE FOREGOING FINDINGS OF FACT, the City
Council hereby enters the following
CONCLUSIONS OF LAW
1. The use for which the permit is sought will /
WkikixA9kxbe injurious to the neighvborhood or otherwise
detrimental to the public health, safety or welfare.
2. The permit sought will / w4.)2x49t produce an
adverse impact on the economic values of adjacent
properties.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 2
3. The permit sought will / rxiii.xxxottxproduce 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 conditions now
existing does / cirdiCtxxeidiXx indicate that the permit should
be denied.
5. The use for which the permit is sought shall /
Abaiivinkxwork 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 / wii.Zumpt conflict with aesthetic qualities of the
surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has / NowaR4 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 conditions
set forth hereinafter.
DECISION
1. The City Council , pursuant to the foregoing,
finds that the request of the applicant should / s104.001
not be approved.
2. The following conditions, if any are hereby
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:
a) All loading shall be from back of building.
b) Adherence to the parking and design review requirements
c) installation of screened fence facing street and on
the south side of lot, balance of lot to be fenced with
chain link fence.
d) All ordinances and statutes of city be adhered to.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 3
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3. The Conditional Use Permit requested by the
applicant is / iVoctit txxgranted, subject to the foregoing
conditions.
DATED this 10th day of May
198 3.
CITY OF CHUBBUCK
By: tt e)" MMir `
Mayor I
Attest:
7LLAJ TT;
City Clerk
•FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 4