HomeMy WebLinkAboutStan Lesback CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on December
10, 1992, upon the application of Stan Lesback, (hereinafter
referred to as "applicant") for a change in land use district for
the real property described on Exhibit "A" hereto from R-2 or
Limited to I or Industrial, and the City 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 zone change from R-2 to I
for the real property more particularly described on Exhibit "A"
hereto.
2. All legal requirements for notice of public hearing have
been met.
3 . The property in question is zoned R-2 or Limited
Residential pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as Industrial 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 the Comprehensive Plan in
Sections B, B(5) , B(6) and B(8) and in Idaho Code Sections
67-6502 and 67-6508.
6. The requested change in land use district is not in
conflict with the provisions of existing zoning regulations or
the duly adopted Comprehensive Plan of the City of Chubbuck.
7. The property in question is suitable for the proposed
land use district, but such uses might not be compatible with
existing land uses in the area.
8. Owners of adjacent properties have not expressed
approval of the proposed change in land use district and the
owner of the property has failed to appear at several council
meetings to sustain his request for the rezone. One of the co-
owners of the property apparently objects to the rezone.
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9. The requested zone change is reasonable to provide
orderly development of the City, but to promote economic values
and it could be detrimental to the public health, safety, and
welfare, in the area. Further, explanation from applicant is
necessary for the council to make an informed decision but
applicant has failed to appear after having been given several
continuances.
10. It is not in the best interests of the public that the
proposed change in land use district be granted at this time
since the council cannot make an informed decision.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City
Council hereby enters the following:
CONCLUSIONS OF LAW
1. The requirements of Idaho Code Section 67-6509 (d) have
been met.
2 . The Council, due to applicant's failure to appear, does
not have sufficient facts to denying if the proposed change in
land use district is reasonable and necessary to provide orderly
development of the City, and to promote economic values, and is
not inconsistent with or detrimental to the public health,
safety, and welfare.
3 . The proposed change in land use district is consistent
with the provisions of the Comprehensive Plan and Land Use
Ordinance of the City of Chubbuck and the Local Planning Act of
1975, as codified in Chapter 65 of Title 67 of the Idaho Code.
4. The requested change in Land Use District should not be
granted.
DECISION
Upon motion, made and seconded, the City Council, by
majority vote denies the application for a change in Land Use
District to designate the land described on Exhibit "A" as I,
Industrial. Denial is without prejudice for applicant to
reapply.
DATED this 11th, day of FEBRUARY , 1992.
Iohn O. Cotant, Jr. , M.yor
City of Chubbuck
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