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HomeMy WebLinkAboutGary Ratliff ",. CITY OF CHUBBUCK L., CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on November 28 , 1989 from an Appeal of the Land Use and Development Commission upon the application of Gary Ratliff (hereinafter referred to as "applicant" ) for a conditional use permit to build a mini storage on the real property located at 201 W. Linden 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 R-2 but has been conditionally rezoned to C-2 by the Chubbuck City Council pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as C-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 Chubbuck Code § 18. 28. 040. 6 . The Land Use and Development Commission granted the conditional use below and the applicant appeals that decision with respect to two fences, one required as a condition of the land use permit and one required by City ordinance. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Applicant will pipe and cover the ditch along West Linden. B. An existing house will be removed. C. One access will go into the area. D. Applicant will water a five foot grass strip with sprinklers on a timer. E. Curb, gutter and sidewalk and a six foot screening fence between this property and William Slaven will be L., installed pursuant to ordinance. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck12 .072 411D F. No on site operator will be present. G. Estimated traffic would be slight. H. The building will be one foot below the grade of the road. I. Various neighbors object to the view but indicate appropriate screening might make the project acceptable to them. Appropriate screening, according to the neighbors, would be a fence on W. Linden for the entire length of Mr. Ratliff's property. The neighbors testify that a fence that would go only the length of the first two buildings proposed for construction, or approximate 116 feet, would be insufficient to alleviate the view from the long standing residential areas that would be affected. 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, so long as certain conditions are imposed. 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. Li FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck12 .072 8 . Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9. The owners of the adjacent property indicate a screening fence the entire length of Mr. Ratliff's property, as opposed to the 116' of fence required by the Land Use Commission would alleviate the adverse impact. Due to the special circumstances in this instance, including the long standing residential use of the area, the proposal by Mr. Ratliff to construct the storage buildings over a period of time and the nature of the mini storage buildings, this is a situation where requiring the screening fence beyond the immediate area of development is warranted. 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, with certain modifications. 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 six foot (6' ) screening fence, measured from the gutter, facing West Linden and going to full length of Mr. Ratliff's property, said fence to be located on the south side of the landscaping strip. B. Attending curb, gutter and sidewalk with a covered (piped) ditch to the point where the third building would begin. C. Any future development on the property would require landscaping, curb, gutter, sidewalk and piped ditch. D. Trees and landscaping shall be in compliance with the landscaping ordinance. E. No outside storage of any items would be allowed after the construction of the first two units as finished. F. The pipe in the piped ditch would meet Fort Hall Irrigation District's specifications. G. All conditions of the Conditional Use Permit would be met before occupancy would be allowed. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck12.072 3 . The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 12th. day of December, 1989 . CITY OF CHUBBUCK By 'I4/ /�/' MAYOR ATTEST: CITY CLERK FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4 dsc chbbck12. 072 J 84-45‘ - 447 ht, /�1l a ;% 5 o2U.3 W U 141 w �r A 14 415 1 SO , w- k [uhJ 1 s a 2 1 w • m� atUti444 a5 u•-/ . NW P(Akti) cam., IMO /94' LA-Wu K.6 4`70 a .lam Lit /44,trA Hect,a4 4./z- NvI c t / 345 ,4 Zirtrn CD 5 598 - 614.,