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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