HomeMy WebLinkAboutJames E. Thilmont CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter comes before the Council on August 9, 1994 from an Appeal of the
Land Use and Development Commission upon the application of James E. Thilmont
(hereinafter referred to as "applicant") for a conditional use permit to operate a used car
sales lot on the real property located at 4613 Yellowstone Avenue, 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 C-2, General Commercial, pursuant to the
Land Use Ordinance of the City of Chubbuck.
4. The property is designated as C-2, General Commercial 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 (City of Chubbuck) appeals that decision for failure to
include dust abatement.
7. The facts relevant to an evaluation of the relevant criteria and standards are as
follows:
A. Property is presently not used.
B. Office will be located in storage area (old motel) in front part.
C. Vacant home on property will not be used for office.
D. No one other than applicant appeared to support or oppose the
application.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION-Page 1
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E. Appeal is by City for failure of the Land Use and Development
Commission to address client control.
F. Appellant is willing to apply dust abatement chemicals so long as cost is
reasonable.
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 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 neither approval nor disapproval
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 affirmed as modified.
2. The following conditions, if any, 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:
a. The Commission's findings and conclusions are amended to
require dust abatement chemicals to be applied to areas not paved or
landscaped.
3. The Conditional Use Permit requested by the Applicant is granted, subject
to the foregoing conditions.
DA'Z'ED this 23rd.day of August, 1994.
CITY 0 F CHUBBUCK
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MAYOR
A'1TEST:
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CITY CLERK
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