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HomeMy WebLinkAbout005 02 96City of Chubbuck Land Use and Development Meeting May 2, 1996 Minutes of the regular meeting of the Land Use and Development Commission held in the City Municipal Building May 2, 1996. Present: Chairman Kent Kearns, Commission Members: Mary Harker, Dusty Whited, Gayle Anderson, Myrna Cain; Council Representative, LeRoy Quick; Attorney, Tom Holmes; City Staff: Larry Kohntopp and Steve Smart; Secretary, Myrna Crapo. The meeting was called to order by Chairman Kent Kearns at 8:00 p.m. Chairman Kearns asked for any additions or corrections to the minutes. Gayle Anderson moved to approve the minutes of April 4, 1996 with Mary Harker seconding. All voted in favor. Chairman Kearns asked if any members had a conflict of interest. There were none. PUBLIC HEARING: 1. An application by Aleksandr Karmanov, 1222 Freeman Lane, Apt #170, Pocatello for a Conditional Use Permit to move a manufactured home to 311 Adams. Property is presently zoned Limited Residential (R-2). Chairman Kearns opened the meeting for testimony in opposition, there was none. He than opened the meeting for testimony in support of the proposal, there was none. The public hearing testimony portion of the meeting was closed and the meeting was turned over to the commission for discussion and a motion. Gayle Anderson moved that we approve the application of Aleksandr Karmanov for a Class II Manufactured home at 311 Adams Street, lot 8 block 2 of the Mingo Subdivision, and that the conditional use be transferable with sale of the property. Mary Harker seconded. Dusty Whited, yes; Kent Kearns, yes; Mary Harker, yes, LeRoy Quick, yes; Gayle Anderson, yes. GENZER.AI. BUSINESS: 1. Discussion on "Regi_ilating Billboards" The commission discussed: 1. Needing a definition of billboard. 2. Controlling then by the zoning. 3. The provisions we want to see in the ordin.- nce. 4. Using design review fog controls. 5. How many more we want in the 6. Regulating for height, ?i. t. .ce,and totes' area. 7. Having Roy Quich hrin- back. the council opinions. R. Str,ff ot:. x -h ,. federal regulations are. 9. Fe- , Irl Vl elp T—gelate hillbo<ards T_and L's:^ ,^nd Development Conim ssion Nl-Jy 2, 1996 Kearns asked for an updated comprehensive plan map on large T .:i -y Harker moved to adjourn at 9:00 p.m. K n Kearns, Chairman Myrna CIG>c), Secretar,y- CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on May 2, 1996, upon the application of Aleksandr Karmanov (hereinafter referred to as "applicant") for a conditional use permit to place a Class II manufactured home on the real property located at 311 Adams a/k/a Lot 8, Block 2, Mingo Subdivision, and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: above. FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described 2. All legal requirements for notice of public hearing have been met. AO -111 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 residential) 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 Idaho Code section 67-6512 and in Chubbuck Code section 18.28.040 (C). 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Other Class II mobile homes are in the area. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The use for which the permit is will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck05.151 AA- 1 y 3 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 natures 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 not expressed approval or disapproval of 10,111, 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 Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 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: The permit is transferable upon any sale of the property. 3. The conditional use permit requested by the Applicant is granted, subject to the foregoing conditions. 4. Takings. Pursuant to Idaho Code S 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck05.151 A. This Action does not result in a permanent or temporary physical occupation of private property. B. This Action does not require the property owner to dedicate a portion of the property or to grant an easement. C. This Action does not deprive the owner of the property of all viable uses of the property. D. This Action does not have a significant impact on the landowner's economic interest. E. This Action does not deny a fundamental attribute of ownership. F. This Action does not serve the same purpose that would be served by directly prohibiting the use or action; nor does the condition imposed substantially advance such purpose. DATED this I/ day of 3•��.� , 1996. LAND USE AND DEVELOPMENT COMMISSION By: � Chairman FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbckO5.151