HomeMy WebLinkAboutTeton Cellular CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter comes before the Council on May 3 , 1989 from an
Appeal of the Land Use and Development Commission upon the
application of Teton Cellular (hereinafter referred to as
"applicant" ) for a conditional use permit to construct a 300 foot
cellular telephone tower on the real property located at the
extension of Laurel Lane behind Alpine Trailer Sales 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 has applied for a conditional use permit as
particularly described above.
2 . All legal requirements for this appeal have been met.
3 . The property in question is zoned C-2 and I pursuant to
the Land Use Ordinance of the City of Chubbuck.
4 . The property is designated as C-2 and I 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 Chubbuck Code § 18.28 .040 .
6. The Land Use and Development Commission denied/granted
the conditional use below and the applicant/interested party
appeals that decision.
7. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. The property to the north is residential (R-2) and
those property owners have protested proposed use and the tower.
B. The tower will be placed and guide in such a manner
that it could not fall on property to the north.
C. Laurel Lane is a platted street which has never been
accepted by the City and which is unimproved.
D. The proposed use will provide a service to the area
that does not now exist.
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E. The proposed use will constitute the main telephone
switching office for this area whcih will extend from American
Falls to Rexburg.
F. This location gives optimum coverage for the cellular
signals.
G. The applicant does not have sufficient time to
negeotiate for a different site to meet its proposed construction
schedule.
H. If this site is not used, the main telephone switching
office will be located in Idaho Falls.
I. The proposed use will provide a small number of jobs
for the community.
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 not be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2 . The permit sought will not produce an adverse impact on
the economic values of adjacent properties.
3 . The permit sought will not 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 conditions now existing does not indicate
that the permit should be denied.
5. The use for which the permit is sought 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 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 been minimized by Applicant as
much as is reasonably possible.
8 . Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit.
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9. The conditions imposed will minimize or negate any
adverse adverse affects to the adjoining property owners to the
north.
10 . The requested conditional use permit, if granted,
should be maintained subject to the conditions set forth below.
DECISION
1 . The City Council , pursuant to the foregoing, finds that
the decision of the Land Use and Development Commission should be
affirmed/reversed.
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. A screening fence shall be built on the northern
boundary of this property.
B. The access road to the site will have an oil base to
minimize dust.
C. The tower lights will be screened in such a manner as
to minimize the affects upon the property owners to the north.
3 . The Conditional Use Permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this 3RD day of May , 1989 .
CITY CHUBBUCK
By.
ç. .YOR
ATTEST:
L 1
CITY CLERK
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