HomeMy WebLinkAboutDennis and Gail Rogers CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
(ROGERS)
This matter comes before the Council on March 17, 1990 from
an Appeal of the Land Use and Development Commission by Verna
McCullum upon the application of Dennis and Gail Rogers
(hereinafter referred to as "applicant") for a conditional use
permit to operate a bar on the real property located at 212 East
Chubbuck Road 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. The property is bordered on one side by residences.
B. The owners anticipate having a live band on weekends
and do not have a proposal on how to minimize noise, particularly
with respect to the adjacent residences.
C. Traffic on Chubbuck Road is periodically heavy, but
funds are not available to widen Chubbuck Road. There is enough
width for a separate turning lane.
D. Numerous residents have opposed the bar.
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E. Some of the property owners within the vicinity believe
the presence of a bar will lower their property owners, although
Joyce Hopkins, a realtor, testifies that it would raise the
property value.
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 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 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 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.
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
denied.
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DATED this 13th._ day of APRIL , 1990.
N
CITY OF CHUBBUCK
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By:
MAYOR
ATTEST:
AMA CIL JAA-LIA1/\
CITY CLERK
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