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HomeMy WebLinkAboutKent Shiozawa CITY OF CHUBBUCK \., CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION RE: WAIVER OF PLATTING This matter having come before the Council as required by law, on September 12 , 1989 upon the application of Kent Shiozawa referred to as "applicant") for a waiver of platting for real property located North of Dan Kunz on Whittaker Road (see attached) 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 waiver of platting as particularly described above. 2 . All legal requirements have been met. 3 . The property lies outside the city limits but within the City of Chubbuck's impact area. 4. Relevant criteria and standards for consideration of this application are set forth in Chapter 17. 12 , Chubbuck Code. 5 . The Land Use and Development Commission does recommend a waiver be granted, with certain conditions. 6 . The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. All services are available except curb, gutter and sidewalk which is not necessary on Whittaker Road at this time. B. The proposed development neither creates a street nor constitutes a subdivision. BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council hereby enters the following: CONCLUSIONS OF LAW 1. The proposed waiver would not have a significant impact upon the City's Comprehensive Plan. 2. The waiver of platting, if granted, should be maintained subject to the conditions set forth below. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck09.183 DECISION 1. The Land Use and Development Commission found that the request of the applicant should be approved. 2. The following conditions are hereby imposed upon the granting of said waiver of platting and applicant, by taking advantage of said waiver of platting, agrees to the imposition of the same: A. The property be annexed in the City. B. When sidewalks are installed along Whittaker Road, applicant will also put in sidewalks. 3 . The Waiver of Platting requested by the Applicant is granted, subject to the foregoing conditions. DATED this this o(ci day of SQ\--)-1--ewt h-br , 1989. / r ( 4111,74 John 0. Cotant, r. , Mayor, City of Chubbuck \./ ATTEST: (4Y1 e,t/A/6/Y1 Ron C. Conlin, City Clerk FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck09. 183 „... ., 4•-4-----.....-.)-- Z ---( * \II 'e. -,;-i‘ K.' c -Z130J -(- /6 . ...-, / ' ...c- C)E' /Cis ,• -7 --/- 1 i . , f.',. . ....,_ ..„...), ! 1-4..... . I I \ '...., 1 1 . ! ,. I 1 )--, .......y..... .,,,,I . , • i r 1 , .4------ c -2C) co.t t-i) Cut \..., 1 i