HomeMy WebLinkAboutKelvin and Nelda Kugler ;, .
CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter comes before the Council on October 13, 1993
from an Appeal of the Land Use and Development Commission upon
the application of Kelvin and Nelda Kugler (hereinafter referred
to as "applicant") for a conditional use permit to sell and
repair used appliances on the real property located at 4801
Whittaker Road, Chubbuck, ID 83202 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 Limited
Residential pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as R-2 Limited Residental 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 denied the
conditional use below and the applicant appeals that decision.
7. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. Chubbuck Raod is heavily traveled.
B. Surrounding residents are concerned about encroachment
of commercial uses.
C. Applicant describes a use that would be compatible as a
home occupation and applicant is willing to not sell at the
property and have a limit of five appliances on the premises at
any one time for repair and/or temporary storage.
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BASED UPON THE FOREGOING FINDINGS OF FACT, and with the
concessions by applicant, 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. '
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.
8. Owners of adjacent property have 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.
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 following conditions 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:
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a. No sales of appliances shall be conducted at the
property.
b. No more than five appliances shall be on the property
at any time for repairs 'and/or temporary storage.
c. No appliances shall be stored outside of the garage.
d. No sign shall be used on the exterior of the residence
to advertise the appliance business.
3. The Conditional Use Permit requested by the Applicant
is granted, subject to the foregoing conditions.
DATED this26TH. day of OCTOBER , 1993.
CITY OF CHUBBUCK
BY: 04
MAYOR
ATTEST:
64.4-
CITY CLERK
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