HomeMy WebLinkAbout004 01 93LAND USE AND DEVELOPMENT COMMISSION
April 1, 1993
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building April 1, 1993.
Present: Chairman Kent Kearns, Commission Members: Pete Anderson
Richard Pearson, T. Kent Hill, Mary Harker and Gayle Anderson;
Council Representative Steven England; Attorney Tom Holmes;
Public Works Director Steve Smart, Project Engineer Gerd Dixon
and Secretary Myrna Crapo.
Chairman Kent Kearns called the meeting to order at 8:00 p.m.
Chairman Kearns asked for approval of the March 4, 1993 minutes·
Page 1, paragraph 4 needed to show approval of the minutes by
the commission. Mary Harker moved to accept the minutes as
published with the exception of the changes mentioned. T.
Kent Hill seconded with all voting in favor.
PUBLIC HEARING:
AN APPLICATION BY WILLIAM G. AND DIANA BOYER, 5016 YELLOWSTONE
FOR A CONDITIONAL USE PERMIT TO PLACE A CLASS II PRODUCTION
DWELLING (MODULAR HOME) in the field behind existing home at
22? Briscoe Road. The property is presently zoned Limited
Residential (R-2).
Chairman Kearns asked if any member of the commission had a
conflict of interest with anything on the agenda.
Chairman Kearns opened the public hearing. Diana Boyer, 5016
Yellowstone explained to the commission that her father owned
the property and she wanted to move closer to him. The access
to the trailer would be the extending of the existing drive
way which is a graveled road.
Ray Coles, 227 Briscoe owns the property and wants to have his
kids closer to him. He will be getting rid of land that he is
not using. He contacted the neighbors and they had no
complaints.
Mary Mitchell, 261 Briscoe was not opposed to it but told the
commission that in 1988 the neighbors passed a petition
against their having a mobile home moved into the area. Mrs.
Mitchell wondered if a fire truck could get back to the
trailer.
Donald Mitchell, 261Briscoe asked if they will hook up to the
sewer, water and electricity separately.
Leman Whited, 207 Briscoe, was in favor of the trailer.
Land Use and Development Commission
Page 2
April 1, 1993
Chairman Kearns closed the public comments and opened it to
commission discussion.
The commission then discussed:
1. Hooking up electricity and sewer separately.
2. If they would have a foundation
3. Fire access to the trailer.
4. Easement width required.
5. Access of this nature not specifically adressed in the
ordinance.
6. Street definitions
7. Liability if fire truck decided not to go down to the
trailer because of the road surface.
8. The home is a 1983.
9. Mitchell's permit
10. Maintaining the irrigation ditch. The mobile home would
be in front of the ditch.
Pete Anderson moved that we grant the conditional use to
Wiliam G. and Diane B3yer to place a Class II production
dwelling at 227 Briscoe with the following conditions: that
~easement be recorded on the deed of the property from the
road back to the proposed site with a minim~d~ 10'. Richard
Pearson seconded the mOtion. Roll call vote: Pete Anderson,
yes; Richard Pearson, yes; T. Kent Hill, yes; Kent Kearns,
yes; Mary Harker, yes; Gayle Anderson, yes; Steven England,
yes. Chairman Kearns closed the public hearing.
GENERAL BUSINESS:
1. APPROVAL OF THE FINDING OF FACTS AND CONCLUSIONS OF LAW AND
DECISIONS FOR RON JOHNSON AND STERLING DEVELOPMENT.
After a discussion on the finding of facts, Pete Anderson
moved to approve the findings of fact and conclusions of law
for Ron Johnson and Sterling Development. Mary Harker
seconded the motion. Ail commission members voted yes, except
Gayle Anderson who voted no.
2. AN APPROVAL OF THE FINDING OF FACTS AND CONCLUSIONS OF LAW AND
DECISION FOR JOHN W. ALLER.
Peter Anderson moved to approve the finding of facts and
conclusions of law and decisions for John W. Aller, Richard
Pearson seconded the motion. All commission members voted in
favor. At 8:40 pm Mary Harker moved to adjourn.
-~Ke~ Kearns, chairman
~ ~ Sec re~ary
Myrna ~apo,
10-11.1 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
April 1, 1993, upon the application of William G. and Diana Boyer
(hereinafter referred to as "applicant") for a conditional use
permit to place a Class II production dwelling (modular home) on
the real property located at 227 Briscoe Road 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 Limited Residential
n (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as General Commercial (C-2)
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. Similar arrangements have been permitted on Briscoe
Road.
B. This unit will go in the field behind an existing home,
resulting in a "flag lot."
C. The ditch depicted on the site plan as being in front
(north) of the proposed home is in fact back (south) of
the proposed home.
D. Applicant will need to grant an easement of access to
the property upon which the proposed home will be
sited.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
saw chbbck04.022
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 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 Lard 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 exiting 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. Owners of adjacent property have expressed approval of
the issuance of the requested conditional use permit.
8. 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:
A. A minimum 10' easement of access must be reserved
on the deed from applicant to the owners of the
proposed site.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
saw chbbckO4.022
..� 3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this day of J u.�.a , 1993.
n
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
saw chbbckO4.022
LAND USE AND DEVELOPMENT COMMISSION
By: -
Ch 1 man