HomeMy WebLinkAbout003 04 93LAND USE AND DEVELOPMENT COMMISSION
March 4, 1993
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building March 4, 1993.
Present: Chairman Kent Kearns, Commission Members: Richard
Pearson, Mary Harker, Gayle Anderson, Pete Anderson, Myrna
Cain, T. Kent Hill; Council Representative, Dean Wood;
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 February 4, 1993 minutes.
Myrna Cain moved to approve the minutes with Gayle Anderson
seconded the motion. All voted in favor.
Chairman Kearns asked if any member of the commission had a
conflict of interest with anything on the agenda. Gayle
Anderson declared a conflict of interest with item #2 and
stepped down from the commission when that item was heard.
PUBLIC HEARING:
1. AN APPLICATION BY JOHN W. ALLER, 222 1/2 W. LINDEN FOR A
CONDITIONAL USE PERMIT TO PLACE A CLASS II PRODUCTION BUILDING
(Manufactured home) at 222 1/2 W. Linden. The property is
presently zoned Limited Residential (R-2).
Chairman Kearns opened the public hearing. John Aller, 222
1/2 W. Linden explained to the commission that he wanted to
move the mobile home out and put in a new manufactured home.
It would be compatible to the area. He lives next to a
Commercial Zone.
Chairman Kearns asked for testimony for or against. There
being none the public testimony was closed and opened to the
commission. The commission asked if it would be built on the
present location.
Pete Anderson moved to grant the conditional use permit to
John W. Aller for the placing of a Class II Production
Dwelling on the site at 222 1/2 West Linden. Myrna Cain
seconded the motion.
Roll call vote: Myrna Cain, yew; Pete Anderson, yes; T. Kent
Hill, yes; Richard Pearson, yes; Kent Kearns, yes; Mary
Harker, yes; Gayle Anderson, yes; Dean Wood, yes.
Land Use and Development Commission,
Page 2
March 4, 1993
AN APPLICATION BY RON JOHNSON, P.O. BOX 36, ALAMO, CA FOR A
CONDITIONAL USE PERMIT AND PRELIMINARY DEVELOPMENT PLAN WITH
ITS ACCOMPANYING PRELIMINARY PLAT for Briarwood Subdivision
planned unit development at 4700 Hiline. Property is
presently zoned Limited Residential (R-2).
Gayle Anderson stepped down from the commission because of a
conflict of interest.
Chairman Kearns opened the public hearing and asked Steve
Smart for comments from the staff. Steve expressed to the
commission that if Briarwood doesn't meet city standards the
developer might want to organize a owners association to take
care of them. The developers would need to verify that they
meet city standards. He also told the commission that they
needed to decide if they had a 6" sewer instead of the
required 8" and if that would be a problem for the commission.
Ron Johnson, P.O. Box 36, Alamo, CA explained to the
commission what they were proposing to do. The people would
own their own home and property. They were reducing the
number of spaced from 138 to 98. There would be a 30' green
area between the back yards. These pathways would lead into
common areas. The common areas would be for recreational
purposes.
The homes would be on a permanent foundation and have FHA
approval. There would be a two car garage or car port and
room for two additional vehicles in the driveway. They would
give the existing residents a 10% discount and a trade in
value on the new homes.
Wayne Sheppard, 190 N. Main, Malad, the engineer for the
project addressed the technical parts of the project. The
developers are willing to address the city issues. They want
to provide a good development. They must seal off the sewer
hookups that are not used. They will determine if the streets
meet city standards and if not they will bring them up to city
standards. A home owners association for the maintenance of
the streets is not desirable.
Meters will have to be installed on the back of each lot. The
street overlays and redoing the sewers would stop the
development. The set backs are an important issue to them.
They were looking at 10' front setbacks; 15' rear setbacks, 5
and 10 for side yard setbacks.
Land Use and Development Commission
Page 3
March 4, 1993
Austin Perkins, 4600 Hiline #99, addressed concerns about
family units having to move and the $3,000.00 that it would
cost to move a double wide. He had lived there three years
and was against it.
Tressy Van Horn, 4600 Hiline #44, is renting her trailer and
likes her yard and neighborhood. She is against the
development. Her rent for the trailer and space is $375.00.
Michelle Perkins, 4600 Hiline #99, has a 1971 trailer and
can't find another trailer park that would take that year of
trailer. She has been fixing up her trailer a little at a
time. Her lot rent is $100.00 and $235.00 is her total
payment.
Mary Norris, 4600 Hiline #101, has been there 13 years. She
doesn't have the money available to move. She doesn't think
it is fair for her to have to move.
Patricia Kelly, 4600 Hiline #49, has been there 15 years and
will have to go on welfare if she has to move. They haven't
done anything to maintain the trailer park.
Sheila Griffiths, 168 Jacob owns a trailer that she rents out.
It would take $400.00 to level, $576.00 to skirt the trailer,
$200.00 for electrical hook-ups and $150.00 to move a single
wide. She would like to be compensated if they have to move.
She moved her trailer there this fall and collects $350.00 in
rent.
Rod Benedetti, 1168 Rancho, has had a trailer there since 1974
that he rents out. It has been there so long that he doesn't
know if he has an axle on it so he could move it. He would
like to have them pay to move the trailer. He charges $300.00
for rent.
Berry Crane, 4600 Hiline #103, Asked about the 10% discount
trade in on units. He questioned how many could qualify for
a loan. He has had problems with the sewer water near his
place. Could the sewer and water lines handle it. The street
conditions are not good because of the run off at the end of
the street. There is a small depression at the end of street
where he lives. He has been there 8 years.
Wendy Crane, 4600 Hiline #103, She would like to know when
they would have to move, she has never seen a fire hydrant
test done.
Land Use and Development Commission
Page 4
March 4, 1993
Margaret Sutherland, 4600 Hiline #70, has lived there since
1979. She would like to know how much it would cost for a new
home. She plans on retiring in October or November. Would
they plow and light the area. There is a fire hazard with
weeds and the city has done nothing to take care of that
problem.
John Doyle Richardson, 4600 Hiline #78, He has lived there for
fifteen years moving there after retiring from the railroad.
Only 1/2 of the park has been developed. His trailer is a
1976 model and he is concerned about the added expense to some
trailer owners. He has had no problems with the sewer. His
taxes are around $300.00
Robin Richards, 4600 Hiline #32, can't afford to move from
there. She owns property in Inkom where she hopes to move
someday. Her trailer is a 1976 model. The sewer backs up in
the lot next to theirs. She would like them to purchase the
trailers out right.
Lorraine Taylor, 4600 Hiline #76, is all for beautifying the
park. They have lived there for 17 years. There is nothing
good about the present park. People don't take care of their
lots.
Neil Porter, 4600 Hiline #35, has been there 15 years. He
maintains a nice yard and has spent money each year on
fertilizing it. He would like to be compensated for his
investment in his lawn.
Lee Taylor, 4600 Hiline #76, the streets are in good shape and
they have not had any problems with the sewer, water, etc. He
was promised things in good faith when he moved there that
have not been done. The maintenance of the park has not been
addressed. Is the park in bankruptcy? He would welcome a
change.
Kathy Henderson, Park Manager, the park was well intended when
it was started, but because of circumstances it was not
followed through. The park can't support it self any more.
A lot of the rent is not being paid. She can't collect enough
rent money to keep the park going. They are not in
bankruptcy, but it is a strong possibility if it continues the
way it is going. She has received phone calls at all hours of
the day and night, and ugly letters calling her dirty names.
Thousands and thousands dollars of rent has not been paid; but
she can't carrying people any more as she doesn't have the
money.
Land Use and Development Commission
Page 5
March 4, 1992
Gayle Anderson, 12527 N. Yellowstone, has rental units on
Idaho Housing. He feels that the people need to be
compensated if they have to move. The sewer is under the
trailers. They need separate water lines and sewer lines.
Some people haven't paid for two years.
Vickie Hawkins, 4600 Hiline #27, has lived there for 17 years.
She never anticipated she would have to move. With their
monthly budget this is all the rent they can afford. Her and
her husband have low income jobs. Henderson's should have
evicted those not paying.
Randy Spencer, 2712 Jerome, is a real estate salesman. The
financing that is being offered is the best you can get, 1st
time home buyers with IHA will par 7% to 7.5%. The prices of
the homes would be from $53,000 to $67,000. Monthly payments
being $400.00 to $525.00 a month.
Wendy Crane, 4600 Hiline #103, took out bankruptcy 12 years
ago. She is one of those who is behind in her rent and Kathy
has extended them every courtesy. They try hard to keep their
yard up so they can be an asset to the area. Kids are turning
on the yard hydrants and letting them run.
Sheila Griffiths, 168 Jacob, the older trailers can't move as
the trailer courts won't take them.
Rodney Parrish, 689 E. Chubbuck, felt they needed to meet the
same requirements as a development on a new piece of ground.
Betty Jensen, 4600 Hiline #2, She has lived there for 17 years
in her double wide. Her yard has been kept up so why do they
have to move. She can't afford a new home.
Tricia Van Horn, 4600 Hiline #44, wants a place for her two
children to run around in. How are they going to help low
income people. She doesn't want to move. How are they going
to help them find a place.
Brent Mecham, 4600 Hiline #16, is selling his place. Are the
set backs going to be improved. When will a decision be made.
Larry Gilbert, 4600 Hiline #79, wouldn't mind buying his lot,
he likes his trailer. Could he park his boat, camper and
snowmobiles in the driveway or would he have to move to
another park. If the existing trailers have to be put on a
concrete pad who would move them.
Land Use and Development Commission
Page 6
March 4, 1993
Ron Johnson, their desire is to have people own their own
homes and lots. Their lots will be nice and will be saleable
in the future. It will be safe for children to get to the park
without having to cross busy streets. They have been
developing for over 30 years. They would like the opportunity
to sit down with the residents and talk to them.
The sewer will need to be adequate or they will not buy. They
will comply to zoning and PUD requirements. In order for
people to remain there they must meet certain conditions such
as 1. having double-wide trailers, 2. keeping equipment such
as snowmobiles out of drive way.
They are presently negotiating to buy a mobile home park where
these people could move to. It does accommodate the older
mobile homes. They will help in anyway that they can but will
not pay to move them.
The development will be in three phases with the 1st phase
starting off of Hiline. Hopefully they will be done in one
year. The engineering work after the approval of the
preliminary will take from 30 to 60 days and they hope to
start the 1st of June.
Ralph Hendersen, 5118 Whitaker, the park has an 8" water line
going into the park. They followed as close as they could the
plans that were drawn. If he gets the park back he will not
allow people to rent out their trailers. At the present time
within a mile and 1/2 there are 350 spaces available for rent
in other parks.
Marty Wood, Cathy Hendersons fiancee, after he is married, the
court will not be run the same way as it is now. They will be
making changes.
Brent Mecham, 4600 Hiline #16, Briarwood has the cheapest rent
in this town.
Sheila Griffiths, 168 Jacob, they don't mind having the rent
raised but can't afford to move.
Rose Lee Hebdon, 4600 Hiline #9, Someone moved in a trailer
that wasn't in good shape two weeks ago- why didn't the city
stop them. ,
Mary Norris, 4600 Hiline #101, Is there a grandfathers clause
that tells you they can't move you out.
Kathy Henderson, owner, I don't have the money to keep the
court going.
Land Use and Development Commission
Page 7
March 4, 1993
Chairman Kearns closed the public portion and opened them to
the commission members.
The commission members discussed:
1 Rent not being paid
2 Private property
3 Is it a PUD-when you look at the reduction in set backs
4 Utilities concerns
5 Quality of streets
6 Precedence for future developments
7 Making a lot of concessions
8 Their need to meet with residences
9 Will improve the area
10 Compensating people who have to move
11 Dropping standards
12 Smaller lots needed in the area
13 We need to give them a direction so they can commit.
14 Increase set back to 15 feet average.
15 Concession we are giving
16. Letting preliminary development continuing to come up with
final yeas or nays.
17. Set back latitudes we have.
18. What concessions we need to make
19. Reviewed staff report item by item.
20. The need to have them address the 15 items on the staff
report and make a proposal on how they would resolve them.
Pete Anderson moved to approve the preliminary plat, PUD
concept and the development plan subject to a proposal by the
developers to address the 15 items with the exception of #13
which would be an average of a 15' front setback, 15' rear
setback and 5' and 10' side setbacks; and that they come up
with a proposal on a relocation plan for the people living
there. Mary Harker seconded the motion.
Mr. Jerry Doman told the commission that unless the city would
consider the existing 6" sewer line that they wouldn't be able
to do the project.
Pete Anderson amended his motion and added "Sewer has to be
working standards and meet city approval." Mary Harker
seconded the amendment.
Roll call vote: Myrna Cain, yes; Pete Anderson, yes; T. Kent
Hill, yes; Richard Pearson, yes; Kent Kearns, yes; Mary
Harker, yes; Dean Wood, yes.
Land Use and Development Commission
Page 8
March 4, 1993
GENERAL BUSINESS
1. FINDING OF FACTS FOR HERITAGE WEST NO. 4 change in land use
district. Pete Anderson moved to approval the finding of
facts with Myrna Cain seconding. All voted in favor
Chairman Kent Kearns informed the commission that Richard Pearson
and Mary Harker were being added to the comprehensive plan
subcommittee.
Mary Harker moved to adjourn at 11:55 pm.
Chairman
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CITY OF CHUBBUCK
LUDC Staff Report
February 24, 1993
APPLICANT: Ron Johnson, PO Box 36, Alamo, California
APPLICATION: Conditional use permit for a PUD at Briarwood
trailer park along with, review of a preliminary
plat of Briarwood Subdivision.
PRESENT ZONING: Area that is to be considered is currently
zoned as Limited Residential (R-2).
EXISTING LAND USE: Residential as existing Briarwood trailer park.
APPLICABLE CODE SECTIONS:
18.20 Planned Unit Developments.
18.20.080.A Landscaping of common area permits 10% increase in
density.
18 .8.040 Conditional Use Permits.
18.28.050 Consistency with comprehensive plan.
Preliminary plat conforms with the requirements of Titles 16 & 17,
with the exceptions noted below:
EXCEPTION NOTES:
1. Waterlines to be minimum of 6" diameter. Fire hydrants need to
be connected to minimum 6" lines. There are some 4" diameter
lines. Office data not reliable enough to ascertain whether
the hydrants are connected to 6" lines.
2. Water pipe material is not known and needs to be established.
3. Hydrants need to be turned to face the street, and also be
capable of supplying 1000 apm @ 20 psi residual pressure.
4. Water valve locations shall be verified and valve boxes raised
to pavement surface. If valving fails to meet standards.
additional valves must be installed.
5. Sewer lines to be minimum of 8" diameter. Condition and Grade
of sewer lines need to be verified by TMJ inspection.
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6. Street pavement section must be verified, by coring, to
substantiate conformity with City standards. If pavement
section is sub -standard it must be brought into City
standards. (The most cost effective solution would be a
structural asphalt pavement overlay.)
Drainaae swale needs to be provided across park area at west
end of property.
a. Drywells need to be provided at approximately 600 lineal feet
intervals.
9. No construction will be allowed in easements/common areas, and
will be kept free of obstructions to allow repair and or
maintenance access.
10. Unused water services will need to be removed and abandoned at
the corp stop.
11. Water mains will have to be interconnected to those already
existina at Whitaker and Eaqle.
12. Evidence suaaests that many leaks exist in the present water
system. Repairs will have to be made prior to acceptance by
the City.
13. Due to required front and backyard setbacks (20'), class II
production buildings will have to be located parallel to the
street.
14. Because of the general condition of the subdivision the City
may be reluctant to accept ownership of the streets and
utilities. As an option to continuing development, the
developer ma -,,r wish to organize an owners association to assure
and assign responsibility for maintenance of the streets and
or utilities.
1S. There has been some question as to the width of the sidewalks
in the development, City standards require 4' wide sidewalks.
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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
March 4, 1993, upon the application of Ron Johnson and Sterling
Development (hereinafter referred to as "applicant") for a
conditional use permit for a Planned Unit Development, review of
a preliminary plat and approval of a preliminary development plan
on the real property located at Briarwood Trailer Park, 4700
Hiline 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
(R-2) pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as Limited Residential (R-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. Briarwood Trailer Park is approximately 17 years old and
was put in as a production building cluster arrangement.
B. Due to personal and financial situations of the owners
of the park, the park has been inadequately maintained for some
years.
C. The park, as it is currently structured, is not
economically viable for the present owners, and the present
owners have indicated a definite intention to change the
structure of the existing park if this proposal is not approved.
Specifically, one of the owners indicated they would do away with
rental situations.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
saw chbbck03.053
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D. These factors are important because the resistance from
the existing owners is in large part based upon a desire to
maintain the status quo and not to have to move from the park.
E. It appears from the testimony of the owners that the
status quo will not be maintained due to economic problems with
the park and that the use will change anyway.
F. The existing utilities and streets are to some extent of
an unknown quality and various testing and investigation will
need to be done before the city will be willing to accept
dedication of those utilities and improvements.
G. The applicant has suggested some avenues may be
available to minimize the impact upon the residents of the park
if they have to relocate.
H. The park as it is configured has problems with respect
to maintenance of the lots, pooling of runoff, leaking water and
possible leaking sewer lines.
I. The proposed development would upgrade the area, and
would provide housing in the $60,000 range that is presently
largely unavailable in the Pocatello-Chubbuck area.
J. The applicant appears to offer an alternative for
housing that would be not much greater for out of pocket monthly
payments than what some of these present park owners would
currently be paying for rental of both a lot and a mobile home
and, as owners, any purchaser of the project in the future would
have the potential benefit of property appreciation and
stability.
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 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
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
saw chbbck03.053
n
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. The adverse impact of the proposed use on other
development within the City and on the present residents of the
park needs to be minimized by Applicant as much as is reasonably
possible.
8. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit. Most of
the residents of the park have expressed disapproval of the
proposed project due to the cost of relocation and a desire not
to relocate.
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 must be
satisfied before the Commission would recommend approval of the
final plat and final development plan to the City Council and
applicant, by taking advantage of said conditional use permit
agrees to the imposition of the same:
A. Attached as Exhibit "A" is a staff report dated February
24, 1993. Developer will need to address the fifteen points
listed and propose how to deal with those problems to the
satisfaction of the city. Notwithstanding that, the city would
be willing to accept sewer lines of six inches in diameter
provided the condition and grade of the sewer lines is verified
by TV inspection and is determined to be of acceptable quality.
B. Item 13, with respect to setbacks, would be modified to
provide a fifteen feet front yard setback average throughout the
project, fifteen feet in back and five feet on one side and ten
feet on the other side for setback purposes.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
saw chbbck03.053
C. Additionally, the developer will need to make some
proposal with respect to relocation of the people to the
satisfaction of the city.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this / day of ,�,��� , 1993.
LAND USE AND DEVELOPMENT COMMISSION
By: s
tl%irm-an
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 4
saw chbbck03.053
/'IN
EXHIBIT "A"
CITY OF CHUSEUCK
LUDC Staff Rec,ort
February 24. 1993
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:�.__•�`� ' CGnS1Ste^ - with ccmr�rehensive plan.
Yrelimi�ary + _ orp T th the requirements cf Titles 16 & 17 ms w:
with the E;. entions noted below:
EYCEPTION NOTES:
1. Waterlines to be minimum of 6" diameter. Fire hydrants need to
be connected tc minimum 6" lines. There are some 4" diameter
lines. Office data not reliable enough to ascertain whether
the hydrants are connected to 6" lines.
2. Water pipe material is not known and needs to be established.
?. Hvdrants need to be turned to face the street, and also be
capable of supplying 1000 qpm @ 20 psi residual pressure.
4. Water valve location_ shall be verified and valve boxes raised
to pavement surface. If valving fails to meet standards,
additional valves must be installed.
S. Sewer lines to be minimum of 6" diameter. Condition and grade
of sewer lines need to be verified by TV inspection.
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r__.._ .iC..uh'Uildinas wi1_1 have to he located parallel t_: the
i-' E__._..:.se_ of '7eneral 'C•ndi+,iOn Gr "he subdiv, Sion the City
rra-; be reluctant tc accent ownershir. cf the stree+s and
Lit ili+les. As an option to continuing development, the
level'=r^r mar wish to orjani ze an owners association to assure
and assian resronsibilitY for maintenance of the streets and
Or utilities. .
15. There has been some auestion as to the width of the sidewalks
in the development, City standards require 4' wide sidewalks.
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
March 4, 1993, upon the application of John W. Aller (hereinafter
referred t� as "applicant") for a conditional use permit to Plan
a Class II production building on the real property located at
222-1/2 W. Linden 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
(R-2) pursuant to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as General Commercial (G-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. Applicant will remove an existing single wide Class III
production building and replace it with a newer and larger Class
II production building.
B. Class II production buildings are conditionally
permitted in both R-2 and C-2 areas.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck03.052
1I
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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 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. 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
of the issuance of the requested conditional use permit nor have
they opposed it.
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:
None.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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n
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this �� day of ARA 1993.
LAND USE AND DEVELOPMENT COMMISSION
By: -r �---- -
airman
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