HomeMy WebLinkAboutDon Green CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter comes before the Council on January 9, 1990 from
an Appeal of the Land Use and Development Commission upon the
application of Don Green (hereinafter referred to as "applicant" )
for a conditional use permit to pasture mules and horses on the
real property located at 157 E. Chubbuck Road, Chubbuck, Idaho,
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 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 interested party appeals that
decision.
7. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. This appeal is taken by Mr. and Mrs. John Valenty and by
Mr. and Mrs. R. L. Evans.
B. The Valentys and the Evanses live across from the
subject property and complain of standing water, odors, flies and
other assorted health hazards.
C. Don Green and Alan Tate, a neighbor, testify that the
water problem stems from problems with the canal. Their
testimony disputes the presence of flies and odors and health
hazards in general.
D. Mr. Green testifies the mules and horses keep down the
weeds.
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E. After consideration of the testimony, both oral and
written, the Council finds the mules and horse, approximately 9-
10 animals, are offensive, that standing water does exist, that
weeds can be kept down by other means and that the animals in,
such number, do constitute a nuisance.
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 be injurious
to the neighborhood or otherwise detrimental to the public
health, safety or welfare.
2. The permit sought will produce an adverse impact on the
economic values of adjacent properties.
3 . The permit sought will produce a negative impact on
transportation facilities, public utilities, schools, public
parks, or the natural environment.
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 indicate that
the permit should be denied.
5 . The use for which the permit is sought shall 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
conflict with aesthetic qualities of the surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has not 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.
9. The requested conditional use permit, if granted, should
be maintained subject to the conditions set forth below.
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DECISION
1. The City Council, pursuant to the foregoing, finds that
the decision of the Land Use and Development Commission should be
reversed.
2 . The Conditional Use Permit requested by the Applicant is
not granted.
DATED this 9th. day of JANUARY , 1990 .
CITY OF CHUBBUCK
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By / // /q
MAYOR
ATTEST:
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CITY CLERK
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