HomeMy WebLinkAboutJoe Osier CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
Joe Osier
This matter having come before the City Council for public
hearing pursuant to public notice as required by law, on
September 22, 1992, upon the application of Joe Osier
(hereinafter referred to as "applicant") for a change in land use
district for the real property described on Exhibit "A" hereto
from A or Agricultural to R-2 or Limited Residential, 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 A to R-2
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 A or Agricultural,
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, but the Council has
separately found such Plan should be changed to R-2 .
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, and such uses would be compatible with
existing land uses in the area.
8. Owners of adjacent properties have expressed approval of
the proposed change in land use district.
9. The requested zone change is reasonable to provide
orderly development of the City, and to promote economic values
and will not be detrimental to the public health, safety, and
welfare.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1
dec chbbck10.141
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10. It is in the best interests of the public that the
proposed change in land use district be granted.
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 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, as
such Plan will be amended.
4. The requested change in Land Use District should be
granted.
DECISION
Upon motion, made and seconded, the City Council, by
majority vote grants the application for a change in Land Use
District to designate the land described on Exhibit "A" as R-2,
Limited Residential.
DATED this day of , 1992.
Mayor,
City of Chubbuck
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 2
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MOVED TO
47R O.MAIN ST. - P.O. SOX 1517
DESCRIPTION FOR
BERT MERRITT
(Large Parcel)
A parcel of land in the North NW4NW4 Section 10, T.6S., R.34E., B.M.,
Bannock County, Idaho more particularly described as follows:
Beginning at the Northwest corner of Section 10, T.6S., R.34E., B.M.; thence
S 0°15'E along the West line of said Section 10, 170.00 feet to the TRUE POINT
OF BEGINNING; thence
continuing S 0°15'E along the West line of said Section 10, 491.80 feet to the
South line of the North z NW4NW4 of said Section 10; thence
y S89°16'E along said South line 1,285.88 feet, more or less, to the centerline
w� .
of the Redman Lateral; thence
Northeasterly along the centerline of said Redman Lateral to the centerline
of the Stuart Lateral; thence
N41°39'W along the centerline of said Stuart Lateral, 886.23 feet, more or less,
to the North line of said Section 10; thence
N8921'W along said North line 368.68' feet; thence
S 0°37'E, 170.24 feet; thence
N89°19'W, 335.92 feet, more or less, to the TRUE POINT OF BEGINNING and
containing 13.80 acres, more or less.
The above described property is bordered on the North by Chubbuck Road and on
the West by the Hawthorne Road and includes the right—of—way to the centerline of
said roads.
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Pocatello, Idaho Vicinity
June 19, 1967
RND/4a