HomeMy WebLinkAboutStuart Nelson CHUBBUCK CITY COUNCIL
Li FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
This matter having come before the City Council
for public hearing pusuant to public notice as required
by law, on 474.,r4 7 , 19$ , upon the
application of
(hereinafter referred to as "applicant" ) for a change in
describedland use district for the real on
Exhibit A hereto from W or F1Y
to-4,:i or
6eweit/ , and the City
Council 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 zone change from
4 to AZZ for the real property more particularly
described on Exhibit A hereto.
2 . All legal requirements for notice of public
hearing have been met.
3 . The property in question is zoned 4/ or
1,-//e.4/14,4 pursuant to the Land
Use Ordinance of the City of Chubbuck.
4 . .Thproperty is designated as
eck.1 in the
duly adopted Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for
consideration of this application are set forth in the
Comprehensive Plan in Sections B, B( 5) , B(6 ) and B(8)
and in Idaho Code Sections 67-6502 and 67-6508.
6. The existing neighboring land uses in the
immediate are of this property are : To the north,
r,
/e• • •
,,ee e ft
; to the south,
/ qk ad
Mz././A444/44,4d0Z-'
; to the east,
; to the west,
,547/40 ,,,L;i/ X)e./2147-_,
7. The requested change in land use district ( is /
is not) in conflict with the provisions of existing
zoning regulations or the duly adopted Comprehensive
Plan of the City of Chubbuck.
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - PAGE 1
Li
CHUBBUCK CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the Council for public hearing
pursuant to public notice as required by law, on July 23 , 1985,
upon the appeal of Troy Knoblich from the decision of the Chubbuck
Land Use and Development Commission granting Stewart Nelson
(hereinafter referred to as "applicant" ) a conditional use permit
to construct sixteen four-duplex units on real property described
as the West 550 ' of Lot 18 , Block 1 , Paradise Acres Subdivision,
and the Council having heard testimony from interested parties and
being fully advised in the matter, now makes the following :
FINDINGS OF FACT
1. Applicant applied for a conditional use permit as
particularly described above .
2 . All legal requirements for notice of the public hearing
before the Land Use and Development Commission and the City
Council have been met .
3. The property in question is zoned General Residential
(R-2) pursuant to the Land Use Ordinance of the City of Chubbuck.
4 . The property is designated as General Residential (R-2)
in the duly adopted Comprehensive Plan of the City of Chubbuck .
5 . Relevant criteria and standards for consideration of
this application are set forth in Section 7-4 of the Chubbuck Land
Use Ordinance and other pertinent provisions of the Chubbuck Land
Use Ordinance and Comprehensive Plan .
6. The existing neighboring land uses in the immediate area
of this property are : to the north, single family residential
structures and some four-plexes ; to the east, single family
residential structures ; to the south , duplexes ; and to the west,
single family household dwellings .
7 . The facts relevant to an evaluation of the relevant
criteria and standards are as follows :
A. Neighbors express concern both before the Land Use
and Development Commission and the City Council about the negative
impact which dense apartment complexes will have on adjoining
property values and the quality of life in adjoining subdivisions .
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 1
CH#6-54
. ,
B. Under both current and prior zoning , a multiple
household structure is allowed if the conditional use permit is
granted .
C. At the time the current zoning was adopted by the
City Council and the Land Use and Development Commission , neither
body was apprised of the fact that the restrictive covenants
applicable to this area required that this area be maintained as a
neighborhood commercial district .
D. The recorded restrictive covenants , although not
binding on the City Council , do indicate that the adjoining
landowners , when the purchased their property were put on notice
that this property would be retained as a limited or neighborhood
commercial district .
E. The applicant , although receiving written notice of
the public hearing on the appeal , did not appear before the City
Council on the date scheduled for the public hearing .
8 . Owners of adjacent property have objected to 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 may be injurious
to the neighborhood and be significantly detrimental to the public
health, safety or welfare .
2 . The applicant has not provided satisfactory evidence
that conditions can be imposed which would prevent an adverse
impact on the economic values of adjacent properties .
3 . It is unclear what impact the construction of a dense
apartment complex would have upon transportation facilities ,
schools , public parks and the natural environment .
4 . It would appear that the apartment complex which
applicant desires to build will work an unreasonable hardship upon
surrounding property owners .
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 2
CH#6-54
5. It would seem clear that the aesthetic qualities of the
proposed use will conflict with the aesthetic qualities of the
surrounding lands in that applicant has not done an adequate job
of landscaping the area so as to minimize the "army barracks"
appearance of the complex which he desires to build .
6 . Although the Council is not bound by the provisions of
the restrictive covenants applicable to applicant ' s land , it may
take notice of such restrictions as indicating the factors which
adjoining landowners relied upon in purchasing their property.
7 . The applicant 's failure to appear in defense of his
application indicates an apparent intention not to proceed with
the application .
8 . The requested conditional use permit should be denied .
DECISION
1 . The City Council , pursuant to the foregoing , finds that
the request of the applicant should be denied .
C -Y OF CHUBBUCK
YOR
ATTEST:
67Y1 d.
CITY CLERK
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION - Page 3
CH#6-54