HomeMy WebLinkAbout002 02 95LA~ND USE AND DEVELOPFiEN'T >IEETING
February 2, 1995
Minutes of the regular meeting of the Land Use and Development Commission
held in the city municipal building.
Present: Chairman Kent Kearns, Myrna Cain, 5lary Harker, Richard Pearson,
Steve Shouse, Dusty Whited, Gayle Anderson, Pete Anderson, Council
Representative Steven England, Project Engineer Gerd Dixon, Secretary Myrna
Cra,po
Chairman Kent Kearns called the meeting to order at 8:00 PM.
Chairman Kearns asked for approval of the minutes of January 5, 1995. Mary
Harker moved to approve the minutes with Gayle Anderson seconding. All
voted in favor.
Chairman Kearns asked if any of the commission members had a conflict of
interest. There was none
PUBLIC HEARING:
1. An application by John T. and Rosa G. Marker, 5015 Yellowstone Chubbuck,
Idaho 83202 for a conditional use permit 'to have a Oriental Food Carry out
and Delivery Service at 5015 Yellowstone. The property is zoned, General
Commercial (C-2).
Chairman Kearns asked for additional comments from Gerd Dixon. Gerd
reviewed the supplementary controls for accessory structures in section
18.12.030. A on page 157.
The commission then discussed:
1. They are inspected monthly by the health department.
2. The fact that they didn't have a business license or conditional use permit
and were still allowed to operate. The commission expressed concern that the
city had allowed them to operate before they received approval on the
conditional use.
3. The business springing up over night. The property had a sale sign on
the property; was it just recently purchased.?
4. The need for a earnest money agreement before being able to apply.
Chairman Kearns opened it up for public comments, the applicant was not
present.
Chairman Kearns asked for testimony from anyone present in support of this
application. There was none.
Chairman Kearns asked for any public testimony in opposition of the
application, there was none.
Chairman K. earns closed the public hearing and brought it back to the
commission for discussion.
Land Use and Development Commission
Page 2
February 2, 1995
Discussion by the commission.
1. The parking access to the property that was required for a business. Gerd
Dixon informed the commission that the curb cut is not suitable; and needs to
be address as part of the application.
Pete Anderson commented that proof of ownership or lease is needed in order
to act on this application. We don't have anything to tie them to the
property.
Pete Anderson made a motion to table this until we have a clearer
understanding of what ever contractual relationship between the Markers and
whoever owns the property. Tom needs to look into how we address a mobile
use on a piece of property.
The commission then discussed
1. The cities ordinance that prohibits a trailer being used for a business for
anything other than a trailer sales office.
2. How the city deals with food stands at Smith's parking lot.
Pete ,Anderson withdrew the motion as Mr. Marker came into the meeting at
this time.
John T. Marker: ~015 Yellowstone. The property belongs to his mother who
has it for sale. He has set up a temporary business and has been running it
since December 13th. Health inspectors have inspected it twice and they have
given it a 99. During fairs they would move it to location of the fair. They
have been going to the different fairs within 'the area.
The commission asked )ir. Marker where the people parked. The people park
along the north side of the house. They have a gate that can be opened so
'they can pull onto the lawn; there is an entrance way to drive through.
The commission talked about the safety inspections. The county does all of
the inspections for safety of the food.
Gerd Dixon informed the commission that the curb cut is only designed for
residential use and not for commercial usage. Parking for the take out should
be on )lingo and not through the gate and over the curb.
The commission discussed how the parking requirements would be decided.
The square feet of the mobile trailer would determine the number of off street
parking requirements.
Gerd informed the commission the way the property sits nob' there is no way
for it to be used as a commercial drive way. There are no curb and gutter
down Mingo. Most likely the access would have to be from Mingo.
Class I production dwelling are allo%~ed in C-2 zones. Chairman Kearns read
the definition of that dwelling. Their trailer would not classify as a class I
dwelling.
Land Use and Development Commission
Page 3
February 2, 1995
Our ordinance would need to be changed in order to allow this type of
operation as there are no provision for it to be done this way.
The commission discussed:
1. Coca Cola stands 'that are set up.
2. If we want that type of a mobile structure as a permanent structure in a
C-2 zone.
Chairman Kearns asked for public testimony. There was none so the testimony
portion of the meeting was closed and opened to the commission.
Kent Kearns reviewed the options we needed to take a look at.
We can't even get into the conditional use permit. It doesn't meet the
definition of Class I Production dwelling.
N-e have to look at it from the ordinances that we have dealing with the land
use. The supplemental controls for accessory structures as in this case the
residents will become the accessory structure. The only course we have is to
deny the use because it is not a class I production dwelling.
The commission then reviewed the landscaping ordinances which would require
a 10' landscaping strip in front of the business. This site could become a
restaurant in a commercial use but not in this application.
Pete Anderson moved to deny the conditional use permit because it is not a
Class I production Building and any other class of production type buildings
are not permitted in a C-2 zone, Dusty Whited seconded the motion. Roil Call
vote: Myrna. Cain, yes; Richard pearson, yes; Steve Shouse, yes; Pete
Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Steven England, yes;
Dusty B~hited, yes; Gayle Anderson, yes.
The conditional use permit is denied. }fr. )iarker ~:as informed that he had
the right to appeal the process within 25 days.
GENERAL BUSINESS:
Chairman Kearns discussed the planning Session in Idaho Falls that they had
attended. All of the commission members received a copy of the manual that
was passed out.
Mary Harker moved to adjourn with Steve Shouse seconded at 9:00 pm.
~ent '~earns, chairman
~ po, Secretary
n
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 February 2, 1995, upon the application of John T.
and Rosa G. Marker, (hereinafter referred to as "applicant") for a conditional use permit
to have an oriental food carry out and delivery service on the real property located at
5015 Yellowstone and the Commission 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 notice of public hearing 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 Idaho Code S 67-6512 and in Chubbuck Code S 18.28.040(C).
6. The facts relevant to an evaluation of the relevant criteria and standards
are as follows:
A. John Marker's mother owns the subject property.
B. The business is currently operating in a production building facility.
C. Mr. Maker indicates they take the production building facility to
different fairs in the area during fair season.
D. The curb cut on Yellowstone is not approved by Idaho
Transportation Department for a commercial access.
E. Parking for customers is a problem and could only be done on
Mingo Lane.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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F. The production building would not meet the requirements of a Class
I Production Building and only Class I Production Buildings are conditionally
permitted as nonresidential uses in a C-2 area.
G. The business has operated since approximately December 13
without Land Use approval and without a Chubbuck business license.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
CONCLUSIONS OF LAW
1. i he production building is not a Class I production building. Under
Chubbuck Municipal Code S 18.04.050(P)(4) and thus is not permitted under
18.08.040(A).
2. The use cannot be conditionally permitted and therefore must be
disallowed.
DECISION
1. The Land Use and Development Commission, pursuant to the foregoing,
finds that the request of the Applicant should not be approved and the conditional use
permit requested by the Applicant is not granted.
DATED this � V day of February, 1995.
Land Use and Development Commission
By: "Zr '4_._ ----
Chairman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Paige 2
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