HomeMy WebLinkAbout010 07 93LAND USE AND DEVELOPMENT COMMISSION
October 7, 1993
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building October 7,
1993.
Present: Chairman Kent Kearns, commission Members: Gayle Anderson,
Peter Anderson, Myrna Cain, T. Kent Hill, Mary Harker;
Attorney Tom Holmes; Public Works Director, Steve Smart;
Project Director 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 August 5, 1993 minutes.
Myrna Cain moved to approve the minutes with Mary Harker
seconding. All voted in favor.
PUBLIC HEARING:
Chairman Kearns asked if any of the commission members had a
conflict of interest. There was none.
1. A PROPOSAL BY KELVIN AND NELDA KUGLER, 5166 GALENA, FOR A
CONDITIONAL USE FOR A DAY-CARE AND PRESCHOOL; TO SELL AND
REPAIR USED APPLIANCES AND TO HAVE A LARGE SIGN ADVERTISING
THE BUSINESSES at 4801Whitaker. The property is presently
zoned limited residential. (R-2).
Chairman Kearns then asked for comments from the staff.
There were no additional comments.
Kelvin Kugler, 5156 Galena, explained what they wanted to do.
Nelda Kugler, 5156 Galena answered questions from the
commission. They eventually wanted to have 50 children from
the ages of 2 to 5. The living & dining room, family room,
patio, one bedroom and an office space would be used for the
day care. There would be two bathrooms available to their
use.
The commission discussed day cares as being separate from home
occupations.
Kelvin Kugler, 5156 Galena answered questions concerning the
appliance repair and sales business. There would be no
outside storage as everything would be confined to the garage.
Most appliances would be done on site in people homes. Once
in awhile they would need to take them into the shop or at
times someone would give you an appliance that they didn't
want to pay to get fixed. The business would be on a part
time basis with no advertized hours.
Land Use and Development Commission
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October 7, 1993
There would be no visible indication of an appliance business.
Those not repairable appliances would be striped and taken to
Pacific.
The sign would be professional done and about the size of the
Mother Goose Preschool. They would like the option to put
lighting on it.
Keith Robinson, 1113 Booth, owns land next to Parrish's
railroad ties. He pointed out that they was a fire hazard
down the street with the railroad ties. Mr. Robinson was also
concerned with Chubbuck being made a five lane road making it
dangerous for small children. Mr. Robinson would also like to
see a limit on the size of the sign.
Kent Kunz, 4801 Whitaker presented a list of people at Ellis
Elementary school who would be interested in placing children
in a day care in the area. He has a large drive that makes it
safe to drop off children.
Elaine Hale, 4825 Whitaker shares the fence. They bought the
home because it was a quiet neighborhood. This business would
bring more traffic into the neighborhood. There are two
school bus stops there at that corner. The noise is a concern
in the back yard and the wear and tear on the fence. A letter
was read by the realtor concerning the value of their property
with this business next door. They are not in favor of this
application.
Kent Kunz, the fence is 6' and is inside his property line.
It is made of solid cedar and a part is a double cedar
fence.
Nelda Kugler, one of the reasons they were looking at this
property is because of the location on Chubbuck Road and the
good access place it provides for parents.
Wayne Hale, 4825 Whitaker is concerned about the number of
children there. There is no business in the area now and this
might create a trend.
Chairman Kearns closed the public comment portion and returned
it to the commission for their discussion. He then went
through the issues; 1. child care services, 2. sign, 3.
appliance repair and sales.
Pete Anderson moved to approach it as three separate issues 1.
day care facility, 2. sign and 3. the major home occupation.
Mary Harker seconded the motion with all present voting in
favor.
Use and Development Commission
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October 7, 1993
1. Day Care:
The commission then discussed:
The hours being from 6:30 AM to 6:30 PM from Monday to Friday.
The preschool will be 9:00 AM to 11:30 AM and maybe 1:00 PM to
3:00 PM if needed. There would be no day care in the summer.
The first year they would like to have 20 children attending.
The graveled oval driveway being ideal for letting children
off and picking them up.
Installing an additional fence in places to help the Hales
with their concerns.
The traffic in the morning with the bus stops being there and
the traffic to Highland School.
The land use patterns in the comprehensive plan.
Gayle Anderson made a motion to allow the child care business
located at Chubbuck and Whitaker Road on condition of
compliance with regular day care center rules of the state and
the City of Chubbuck. Mary Harker seconded.
Roll call vote: Myrna Cain, yes; Gayle Anderson, yes; Pete
Anderson, yes; Kent Kearns, yes; Mary Harker, yes; Roy quick,
yes; T. Kent Hill, yes.
2. Sign:
Chairman Kearns gave directions to the commission,
the city code and reviewed what was required.
read
The commission discussed:
Limiting the sign to the day care.
Mother goose day care sign.
Permanent material and professionally prepared.
Myrna Cain moved to allow signage of the preschool day care
facility in a sign that is comparable in size to the one
existing at Mother Goose; professionally prepared, permanently
fixed in a safe location approved by the building inspector.
Pete Anderson seconded. Roll call vote Myrna Cain, yes; Gayle
Anderson, yes; Pete Anderson, yes; Kent Kearns, yes; Mary
Harker, yes; Roy Quick, yes; T. Kent Hill, yes.
Land Use and Development Commission
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October 7, 1993
3. Appliance repair and sales.
Chairman Kearns reviewed concerns for a home occupation
according to the code.
The commission discussed:
1. Dedicated parking spaces.
2. A potential hazardous condition with chemicals present.
3. Chemicals present on the site with a day care there.
4. Hours opened for sales.
5. Being compatible in a residential area
6. Limiting to so many appliances.
Pete Anderson moved to deny the home occupation for a used
appliance repair and sales facility. Roy Quick seconded.
Roll call vote: Myrna Cain, no; Gayle Anderson, no; Pete
Anderson, yes; Kent Kearns, yes; Mary Harker, no; Roy Quick,
yes; T. Kent Hill, yes
Chairman Kearns closed the public hearing:
GENERAL BUSINESS:
Report by David Wessel on the progress of the comprehensive plan.
Mr. Wessel informed the commission of where we were at in the
process. A final report on the preliminary goals was passed
out and reviewed.
The commission members thanked Mr. Wessel for the excellent
job he had done.
Chairman Kearns informed the commission of an upcoming "Eastern
Idaho community forestry" conference October 27, and 28th in
American Falls. Mary Harker asked if there were any funds
available to attend this conference.
Mary Harker moved to adjourn at 9:50 pm with Roy Quick seconding.
K~-~t ~-~earns, Chairman
Myrna Crapo, Se~
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
October 7, 1993, upon the application of Kelvin and Nelda Kugler
(hereinafter referred to as "applicant") for a conditional use
permit to operate a day care and preschool and have a sign
advertising the business on the real property located at 4801
Whittaker 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.
n 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. The City has allowed similar day care/preschool
operations in other areas of the city.
B. The property has a large driveway which facilitates
dropping children off and picking them up without causing
problems of backing up traffic.
C. The city has a need for day care operations.
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
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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. Some owners of adjacent property have not expressed
approval of 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:
A. The applicant must comply with regular day care center
rules of the State of Idaho and the City of Chubbuck.
B. A sign may be put up for the preschool/day care if the
sign is:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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z
comparable in size to the sign at Mother
Goose;
professionally prepared;
permanently fixed in a safe location approved
by the building inspector.
3. The conditional use permit requested by the Applicant is
granted, subject to the foregoing conditions.
DATED this 7th day of October, 1993.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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LAND USE AND DEVELOPMENT COMMISSION
By: tet'. Sy
CH'airm-an
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
October 7, 1993, upon the application of Kelvin and Nelda Kugler
(hereinafter referred to as "applicant") for a conditional use
permit to operate a used appliance and repair facility on the
real property located at 4801 Whittaker 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 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. Theuse will involve bringing some large appliances in
the home for repair and sales.
B. Having large appliances on site for repairs and storage
is not compatible with residential use.
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 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
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n
2. The permit sought will produce an adverse impact on the
economic values of adjacent properties.
3. The permit sought will 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 indicate that
the permit should be denied.
5. The use for which the permit is sought shall 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 not 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.
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 not be
approved.
2. The conditional use permit requested by the Applicant is
not granted, subject to the foregoing conditions.
DATED this 7th day of October, 1993.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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LAND USE AND DEVELOPMENT COMMISSION
By: s ---
airman